This thesis explores the impact of the new Children’s Act, Act 38 of 2005 on the acquisition by unmarried fathers of parental responsibilities and rights. The research has shown that the Children’s Act has fundamentally transformed the way in which parental responsibilities and rights are acquired. Parental responsibilities and rights can now be automatically acquired by a committed unmarried father. Although the Act has undergone major changes, unmarried fathers must still satisfy many more requirements than mothers, and thus it is asserted that the Act is deemed not to have been progressive enough. Granting full parental responsibilities and rights to both parents, based on their biological link to the child, would meet the constitutional demands of sex and gender equality. This would also place the focus on the child, and the best interests of the child. The importance in securing these best interests that the presence of both parents has in the life of the child is emphasised. / Thesis (LL.M. (Comparative Child Law))--North-West University, Potchefstroom Campus, 2011

The study took as its point of departure the Children’s Act No 38 of 2005 that emanated from the Bill of Rights enshrined in the Constitution of the Republic of South Africa (Act 108 of 1996). This Act has as its primary aims, to promote the preservation and strengthening of families and to give effect to the rights of children as enshrined in the Constitution of the Republic of South Africa, including: protection of children from maltreatment, neglect, abuse or degradation and the fact that the best interest of a child are of paramount importance in every matter concerning children. It was anticipated that the areas of the Children’s Act with its emphasis on the rights of children would empower them in relation to their protection and development in that particular context. When the Act was introduced, it evoked mixed reactions with certain segments of society applauding the government for its efforts, and others condemning the government’s approach towards reproductive health issues affecting children. The primary aim of the research project was to explore the views of a group of parents in the Johannesburg Metro Region 11 regarding reproductive health care as embedded in the Children’s Act. The study took the form of a small-scale, mixed methods, descriptive, cross-sectional survey research design as it sought to elicit participants’ views on those specific clauses in the Act. In addressing the aims and objectives of the study, interview schedules were administered to 35 participants on an individual, face-to-face basis. Participants were adults drawn from Johannesburg Metro Region 11 and the data collected was analysed using descriptive statistics and thematic content analysis. The main findings that emerged from the study were that, participants did not participate in the process leading up to the promulgation of the Children’s Act No 38 of 2005. Consequently, participants had little knowledge about the Act and did not have any knowledge about its objectives. The fact that participants did not support certain clauses has implications for amendment of the Act with reference to the clauses on reproductive health care.

This thesis explores the impact of the new Children’s Act, Act 38 of 2005 on the acquisition by unmarried fathers of parental responsibilities and rights. The research has shown that the Children’s Act has fundamentally transformed the way in which parental responsibilities and rights are acquired. Parental responsibilities and rights can now be automatically acquired by a committed unmarried father. Although the Act has undergone major changes, unmarried fathers must still satisfy many more requirements than mothers, and thus it is asserted that the Act is deemed not to have been progressive enough. Granting full parental responsibilities and rights to both parents, based on their biological link to the child, would meet the constitutional demands of sex and gender equality. This would also place the focus on the child, and the best interests of the child. The importance in securing these best interests that the presence of both parents has in the life of the child is emphasised. / Thesis (LL.M. (Comparative Child Law))--North-West University, Potchefstroom Campus, 2011

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..

After the transition from apartheid to democracy, the South African government embarked on designing policies and laws to address social problems and protect vulnerable groups in communities. Orphaned children are regarded as being vulnerable. The Children’s Act No. 38 of 2005 (as amended) is a legal document set to address issues related to vulnerable children and to ensure that their best interests are met. In terms of Section 150 of the said Act, orphaned children could be identified as children in need of care and protection if they are without visible means of support. However, this section of the Act is open to various interpretations and expectations. Social Workers at the Department of Social Development are currently under pressure to recommend to presiding officers of the Children’s Court that an orphaned child be legally placed in the foster care of the relative. However, presiding officers often question such recommendations because in their opinion the child does not present as a child in need of care and protection and as a result the recommendation made is rejected. This response lowers work morale because it displays disregard for the professional integrity of Social Workers and also increases their already high caseloads. This research study explored the perspectives of Social Workers regarding the legal placement of children in the foster care of relatives. Purposive sampling was used to recruit research participants, 30 foster care Social Work based at Department of Social Development in the Johannesburg Metro Region. A qualitative research design was adopted. Data was gathered using personal interviews and focus groups. A semi-structured interview schedule was utilized to guide the structure of the personal interviews and focus groups. Data gathered was analyzed using thematic content analysis. Findings has provided insight into what intervention strategies are deemed to be in the best interests of vulnerable orphaned children from the perspective of social workers and possible recommendations for policy changes.

The aim of this study was to evaluate the role played by CYCCs to provide support and protection to children who have been found to be in need of care, according to the criteria given in the Children’s Act No. 38/2005 as amended. The study made use of a qualitative approach and the research design was provided by the case study. Data was gathered by means of semi-structured interviews and focus group discussions. The most important findings to emerge from the study were that the factors which affect the operation of CYCCs are either institutional, or else challenges arising from issues pertaining to infrastructure and human resources. However, it was also acknowledged that, despite the challenges which affect their ability to provide their services to young people, the CYCCs had also made progressive steps to halt the suppression of the fundamental rights of children. It has been recommended that the government should apply comprehensive funding to the objectives of the Children’s Act, which would entail increasing the subsidies to CYCCs. It has also been recommended that the Policy on Financial Rewards should call for the same benefits and salary scales to apply for professional staff working in the government and to those working in the CYCCs. The repercussions from failing to adjust to these recommendations will inevitably lead to the employment of a remedial model of care.

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

Magister Philosophiae - MPhil

Statutory social work is a mode of intervention within social work which poses many emotional and physical challenges to social workers. Social workers execute the implementing of the Children's Act (Act 38 of 2005) through the statutory removal process and they are the primary facilitators of this process. The goal of the statutory removal process is to protect children from abuse, neglect and exploitation by their biological parents or carers. Although research has been done previously about the experiences of social workers with regards to the statutory removal process, the research was limited to studies in America and England. The goal of this study was to explore the experiences of social workers concerning the statutory removal process in South Africa in order to determine what the influences of these experiences were on the implementation of the statutory removal process. The research study is a qualitative study and a phenomenological strategy was followed to determine the social workers' experiences of the statutory removal process. The researcher made use of non-probability sampling through purposeful sampling to select participants for the study. Unstructured interviews were conducted with 26 social workers who are directly involved with the statutory removal of children. Interviewing took place until a saturation point was reached in the study. All interviews were transcribed for the purpose of data analyses, after which themes and sub-themes were identified. The themes and sub-themes were verified against existing literature, after which conclusions and recommendations were made. / MSW, North-West University, Potchefstroom Campus, 2014