During the last decade a considerable number of statutes were adapted in South Africa pertaining to the medical treatment of children. Following international norms regarding this matter, South African law also prescribes a minimum age of consent for children seeking medical treatment without the parent’s or guardian’s consent. The long awaited Children’s Act revolutionised child law in South Africa in that it is a piece of legislation touching on a wide spectrum of issues which impact on children’s lives. Before the Children’s Act, matters regarding children were found in scattered fragments in a number of Acts and were not always focused on the child. The Act was hailed by children’s rights activists and generally welcomed. However, as with all legislation, the Act is not without its shortcoming and there are several areas which are vulnerable to criticism. In any communication or transfer of information, the manner in which the message or information is constructed will influence the ultimate decision. The Act does not address the manner or mode in which information is conveyed to the child. For instance, it does not address the predisposition that the medical practitioner consulting the child may have, nor does it require an impartial medical practitioner to assist the child in his/her assessment and decision in the matter. In this regard, the caution offered by Du Preez may be applicable, that “if the effective meaning of the information predominates over the conceptual meaning thereof, the listener/ reader will fail to make a proper judgement of what is being said.” 1 Section 129 does not contain any guidelines or provisions on how a medical practitioner should test whether a child has the mental capacity to understand the information regarding the proposed treatment. The study will report on the results of a consultation with a counselling and educational psychologist to determine which tests or methods could be used by medical practitioners to evaluate the maturity of child patients and the implications this could have on the child and his/her medical treatment. The prerequisites as set out in the new Children’s Act will be examined and the possible problems which might occur will be discussed. Copyright / Dissertation (LLM)--University of Pretoria, 2012. / Private Law / unrestricted

In view of the unprecedented escalation in unplanned teenage pregnancies in South Africa, this research study sought to explore contributing factors, consequences, challenges, needs and coping strategies surrounding teenage pregnancy. The study was based on a qualitative research paradigm. The research used purposive sampling as a strategy to target three particular categories of individuals for investigations (i.e. parents/caregivers, teenagers and teachers). Semi-structured interview schedules were the instruments used to gather data during face-to-face interviews with the participants. The sample consisted of eight teenage mothers and one expectant teenage mother in Grade 9 to Grade 12; six parents who had children who had experienced teenage pregnancy and six teachers who were or are teaching teenagers. In order to analyze the qualitative data, a typical form of thematic content analysis was utilised. The main conclusion based on the research findings was that the challenges, needs and coping strategies perceived by the three groups of participants were similar and associated with one another. Although most of the most of the findings coming to the fore have also been apparent in previous research studies, it enhanced the knowledge and understanding of the phenomenon of teenage pregnancy from a triangulation perspective, namely teenagers and primary role players in their lives. It is hoped that the recommendations made, based on the research findings, will lead to improved social work intervention strategies, and services offered by other people responsible for addressing this social problem in the South African context..

The aim of this dissertation is to establish if the unmarried father has been placed in a better position regarding his rights to his child with the advent of the Children’s Act 38 of 2005. Prior to the commencement of the Children’s Act a number of different sets of legislation encompassed the unmarried father’s position. The unmarried father could not automatically acquire any rights to his child and had to prove that it would be in the child’s best interests to be allowed contact. The study was done on the basis of an analysis of the interaction of the unmarried father’s rights with the child’s rights, as well as the interaction of their rights with the Constitution. An analysis was also made of the manner in which the Bill of Rights in the Constitution should be applied with respect to the relationship between parents, their children and the state. From the study it was found that the unmarried father’s rights interlink closely with those of his child and the state. It was established that the Bill of Rights must be applied both horizontally and vertically and that the primary duty rests on the parents and only passes to the state if the parents are unable to perform their primary duties to the child. It was further established from the study that a limitation on the parent’s right to equality is only justified in terms of section 36 of the Constitution by the child’s overriding right to have meaningful relationships with both parents. A comparison was made with the relevant legislation of some African and non-African countries to establish if South Africa could learn something from their child law legislation. An analysis was also done of those sections of the Children’s Act that interact with section 21. From this analysis it was clear that many sections and phrases in the Children’s Act are unclear, undefined and open to interpretation. In this regard certain amendments to the Children’s Act are suggested in the study. It is submitted in this study that even though the Children’s Act codified legislation pertaining to children and the unmarried father may acquire parental responsibilities and rights, the improved position is superficial and subject to obstacles. The unmarried father needs to fullfil certain requirements in order to acquire his parental responsibilities and rights, as provided for in section 21(1). One of the main problems of this section is that it does not provide for any form of proof to be provided to the unmarried father to confirm or indicate that he has acquired responsibilities and rights. Even though the mother has these rights simply because of her biological link to the child, she is hardly ever placed in the position where her parental responsibilities and rights are questioned by third parties. This is not the position with the unmarried father. He is firstly placed in a disadvantaged position because he has no way to show that he is the holder of rights and secondly he is being discriminated against, simply because he is placed in this position. It was concluded in this study that despite the improved position of unmarried fathers, their position has only prima facie improved and they really should be placed in the same position as mothers. It is submitted that if the same rights mothers have are also afforded to unmarried fathers, it would be to the benefit of their children and their right to parental care and family life. / Dissertation (LLM)--University of Pretoria, 2013. / gm2014 / Private Law / unrestricted