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Children's Amendment Bill nearly passed: African Renaissance comes for children’s social services, 23 Oct 07

Portfolio Committee on Social Development in the National Assembly passes the Children's Amendment Bill

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Issued by: Children’s Institute, University of Cape Town

Date: 23 October 2007, 6pm

Government is saying “Your child is my child” as it makes a commitment to build new partnerships with families and communities.  The passing of the Children's Amendment Bill has hit the headlines because of intense debate over corporal punishment, but the Bill contains so much more.  By parking the controversial clause on corporal punishment to allow for more debate on this issue, the other provisions of the Bill can be put in to effect. While the removal of the corporal punishment clause is very disappointing, the passage of the rest of the Bill by the Portfolio Committee is good news because the Bill provides for up-scaling in service delivery for a range of social welfare services for children and families. These include:

  • partial care (crèches and nursery schools)
  • early childhood development programmes,
  • primary prevention and early intervention programmes (such as parenting skills development, trauma counselling for children and families, and diversion of children from the criminal justice system)
  • protection services for children who have suffered abuse, neglect, abandonment or exploitation
  • Support programmes for child headed households
  • Drop in centres for vulnerable children to access basic services
  • Foster care
  • Child and Youth Care Centres

The new Bill means that:

  • Services will be targeted at poor communities, and children with disabilities
  • Services to stop abuse before it starts will be provided
  • Support programmes for child-headed households can be rolled out
  • National and provincial governments need to have strategies to ensure that a sufficient spread of all the services are available in each province

Throughout the Bill the government has pledged to protect children's rights by strengthening support to parents and caregivers recognising that children grow-up in families and communities.  It also targets assistance at the poorest and most vulnerable communities that have been deprived of services in the past.  The main beneficiaries of a range of new programmes will be “communities where families lack the means of providing proper shelter, food and other basic necessities of life”.  Funding will also be prioritised to ensure that children with disabilities can access services.

The Bill revolutionises the model of social services in South Africa, by providing for African solutions.  Currently, we have an outdated western style system that focuses on state protection services for children only after they have been abused. Such a system does not recognise or address the root causes of child vulnerability and is therefore not appropriate or in the best interests of children in South Africa. The challenges in South Africa and the best interests of children call for an approach aimed at preventing abuse and strengthening families and communities to care for and protect children.  The Children's Amendment Bill is a remarkable step forward in the realisation of children’s rights, and incorporates a number of creative solutions to ensure that services can cope with the huge increase in demand and that children can access appropriate and community based services.

“So often the focus is on abuse and neglect and the government response is on how to combat the ills in society.  This law focuses on the strengths in communities and families and on capacitating them to prevent problems so that we offer children the best chance in life.  This Bill helps stop abuse before it starts, and gives the community organisations recognition for the hard work we do.  It is great news for Mthatha!” (Nokuku Sipuka  - Umtata Child Abuse Resources Centre).

National government and each province will have to plan to a comprehensive range of social welfare services to ensure support from birth until children reach the age of majority or complete their schooling.  That includes help for children in child-headed households, and support programmes for families facing the stresses of poverty, unemployment, and HIV.

During the community consultations the public expressed great concern over the phenomenon of child-headed households. Non-profit organisations run programmes that provide daily support to child headed households. These projects need legal recognition and funding in order to grow and reach more vulnerable children.  An example of such a programme is the Isibindi Model that is managed by the National Association for Child and Youth Care Workers.

Within the Isibindi Model, child and youth care workers visit identified orphans and vulnerable children in their homes and provide comprehensive services.  This includes accompanying and representing children at schools, health services and government offices when necessary.  They also provide psychosocial support through memory box activities, grief work, building or relationships, identifying needs and feelings, providing developmental care, behaviour management, activity programming, risk assessment, life space counselling.  Training on life skills including personal hygiene, performance of household chores, planning for the future, budgeting skills and parenting skills is also provided. In the 30 Isibindi projects replicated nationally, 575 child can youth are workers have provided services to 14 474 children living in poverty and affected by HIV Aids, who would have otherwise not had access to any form of social services in the past 12 months.

“It is these kind of projects that will now be able to expand their reach to more vulnerable children with the assistance of a clear legislative framework and government funding.” Zeni Thumbadoo (National Association of Child and Youth Care Workers)

The Bill will now be sent to the National Assembly for its second reading debate.

Issued by Lucy Jamieson and Paula Proudlock of the Children’s Institute, University of Cape Town


Spokes persons:

  • Lucy Jamieson – Children’s Institute, UCT: 083 458 9075
  • Zeni Thumbadoo – National Association of Child and Youth Care Workers: 082 418 7915
  • Paula Proudlock – Children’s Institute, UCT: 083 412 4458
  • Nokuku Sipuka – South African Society for Prevention of Child Abuse and Neglect and the Umtata Child Abuse Resources Centre: 083 276 4339
  • Joan Van Niekerk – Childline South Africa: 083 303 8322
  • Nonceba Meyiwa – Disabled Children’s Action Group: 073 273 1126