Since parental authority in South African law is based on German customary law, and not on Roman law, it exists for the protection of the child. Various protective measures exist to ensure that this goal is reached, mainly in the form of judicial interference with parental authority. An example is the termination of parental authority, or some of its incidents, by means of a court order. This takes place either in terms of the common-law authority of the High Court, or in terms of certain statutory provisions. One of the statutory provisions in terms of which the children's court can terminate some of the incidents of parental authority, is the Child Care Act 74 of 1983. If the children's court is of the opinion that a child is in need of care, it can order that the child be returned to the custody of its parents, or that the child be placed in foster care, or in a children's home or school of industries. There is at present no mechanism in the Child Care Act for ensuring legal representation for children. The draft Children's Bill expands the possible orders that the children's court can make and further provides that a child is entitled to legal representation in children's court proceedings, if necessary at state expense. In New Zealand, families participate in decision-making regarding children in need of care by means of the family group conference. In Scotland, children in need of compulsory measures of supervision are dealt with by a lay tribunal known as the children's hearing. The global movement to recognise and protect both the welfare and autonomy rights of children formed the basis of international-law protection of children, and the children's clause contained in section 28 of the Constitution of the Republic of South Africa 108 of 1996. In order to ensure that the protective goal of child law is reached, I propose that a multidisciplinary lay tribunal be instituted in South Africa to deal with children in need of care, and that legal representation for children in children's court proceedings be made compulsory in certain circumstances. / Private Law / LL. D.

The best interests of the child are paramount in every matter concerning the child. This applies in the case of adoption of a child as well. When an adoption is intercultural, culture is an issue to be taken into account. This study is undertaken to consider the role that culture should play in a decision whether an adoption is in the best interests of the child. In order to determine whether intercultural adoption is a viable option that serves the best interests of the child, interracial adoption also needs to be focused on, as intercultural adoption is often also interracial. The research for this thesis is done from a South African legal perspective, although some interdisciplinary and international research is necessary as well. A brief historical overview of adoption in South Africa is undertaken, as it is important to have some background knowledge about adoption in South Africa in order to understand why race and culture are relevant in the South African adoptive system. The role of the family in the life of the child is investigated. The difference between family care, parental care and alternative care is researched. Thereafter the role of emotional bonding for a child, also known as attachment, is focused on. An important question is whether race and culture is the same thing. This is researched, whereafter the role of race and culture in the adoption process is investigated. The relevant provisions of the Child Care Act 74 of 1983,which regulates adoption in South Africa, are compared to the relevant provisions of the Children’s Act 38 of 2005, which will regulate adoption in South Africa soon. Finally, some conclusions are drawn, shortcomings are highlighted and possible solutions are suggested. The outcome of this thesis should provide some guidance to those involved in the adoption process with regard to the factors that are important in determining the best interests of the child in an intercultural adoption. / Law / LL.D.

The family as the basic unit of society plays an important role in the lives of individuals especially children. The HIV/AIDS epidemic has devastated the family structure which is already strained by other detrimental factors such as urbanisation and poverty. The increased death rate of young parents due to AIDS-related diseases has led to an escalating number of orphaned children growing in child headed households (CHH) without adult care. A qualitative study was undertaken to develop an understanding of the barriers that hinder the integration of orphaned children into extended family folds and to obtain suggestions on how to overcome these barriers. Semi-structured, face-to-face interviews were conducted in Bushbuckridge, Mpumalanga Province, with a sample of children heading CHH, relatives of these children and social workers who were rendering social work services to these client-systems. The study revealed that the level of suffering faced by CHH began with the illness of the parents. This was further exacerbated by the death of the parents as these children were not absorbed by their extended families. Barriers that hindered the integration of orphaned children into extended family folds go beyond the extended families’ economic capacity to absorb the children. There is an interplay of barriers that are poverty related, relational and family related, culturally related, circumstances that are related to the orphaned children as well as limitations in social work service delivery. The findings indicate that CHH is not a good option to care and protect orphaned children as it exposes them to pervasive adversities with little resources and support. The integration of orphaned children is embraced as a good option to care for the children because of its potential value, amongst others, of enabling the extended families to relieve the CHH from the burden of care. From the findings of this study, practice guidelines were developed to enhance the efficacy of integrating orphaned children into extended families to prevent the CHH phenomenon.

The grounds for asserting that parents of all cultures can be held responsible and accountable for the care and education of their children derive from sources such as the primordial nature of humanity, the precepts of state statutes and international protocols that refer to educational issues and the tenets of scripts that apply to adherents of a particular philosophy of life - for example the Bible as the guide for parents who subscribe to a Christian philosophy of life. The issue of parental say in formal education as provided for in current education legislation is perhaps not an entirely unique development. In this thesis the development of the concept of parental responsibilities and rights in relation to formal schooling in South Africa during the Colonial period was investigated. An attempt was made to determine what Colonial parents - who were predominantly Protestant Calvinist and who consequently subscribed to a Christian philosophy of life - did to ensure that their children's formal education met with their approval and fulfilled their expectations. A further aspect examined related to the identification of the specific issues in education that these parents believed they should be afforded the right to regulate in order to ensure that their children's formal education - as an extension to their primary education - conformed with the fundamental principles of their philosophy of life. The research affirmed the significance a philosophy of life holds for the perception of what it is that constitutes authentic education. It can consequently be concluded that parental involvement in formal schooling should not be seen as intrusion in a realm beyond the jurisdiction of the parent, but as cases of judgement, discernment and selection dictated by the parent's philosophy of life. / Educational Studies / D. Ed. (History of Education)

Since parental authority in South African law is based on German customary law, and not on Roman law, it exists for the protection of the child. Various protective measures exist to ensure that this goal is reached, mainly in the form of judicial interference with parental authority. An example is the termination of parental authority, or some of its incidents, by means of a court order. This takes place either in terms of the common-law authority of the High Court, or in terms of certain statutory provisions. One of the statutory provisions in terms of which the children's court can terminate some of the incidents of parental authority, is the Child Care Act 74 of 1983. If the children's court is of the opinion that a child is in need of care, it can order that the child be returned to the custody of its parents, or that the child be placed in foster care, or in a children's home or school of industries. There is at present no mechanism in the Child Care Act for ensuring legal representation for children. The draft Children's Bill expands the possible orders that the children's court can make and further provides that a child is entitled to legal representation in children's court proceedings, if necessary at state expense. In New Zealand, families participate in decision-making regarding children in need of care by means of the family group conference. In Scotland, children in need of compulsory measures of supervision are dealt with by a lay tribunal known as the children's hearing. The global movement to recognise and protect both the welfare and autonomy rights of children formed the basis of international-law protection of children, and the children's clause contained in section 28 of the Constitution of the Republic of South Africa 108 of 1996. In order to ensure that the protective goal of child law is reached, I propose that a multidisciplinary lay tribunal be instituted in South Africa to deal with children in need of care, and that legal representation for children in children's court proceedings be made compulsory in certain circumstances. / Private Law / LL. D.

The best interests of the child are paramount in every matter concerning the child. This applies in the case of adoption of a child as well. When an adoption is intercultural, culture is an issue to be taken into account. This study is undertaken to consider the role that culture should play in a decision whether an adoption is in the best interests of the child. In order to determine whether intercultural adoption is a viable option that serves the best interests of the child, interracial adoption also needs to be focused on, as intercultural adoption is often also interracial. The research for this thesis is done from a South African legal perspective, although some interdisciplinary and international research is necessary as well. A brief historical overview of adoption in South Africa is undertaken, as it is important to have some background knowledge about adoption in South Africa in order to understand why race and culture are relevant in the South African adoptive system. The role of the family in the life of the child is investigated. The difference between family care, parental care and alternative care is researched. Thereafter the role of emotional bonding for a child, also known as attachment, is focused on. An important question is whether race and culture is the same thing. This is researched, whereafter the role of race and culture in the adoption process is investigated. The relevant provisions of the Child Care Act 74 of 1983,which regulates adoption in South Africa, are compared to the relevant provisions of the Children’s Act 38 of 2005, which will regulate adoption in South Africa soon. Finally, some conclusions are drawn, shortcomings are highlighted and possible solutions are suggested. The outcome of this thesis should provide some guidance to those involved in the adoption process with regard to the factors that are important in determining the best interests of the child in an intercultural adoption. / Law / LL.D.

The family as the basic unit of society plays an important role in the lives of individuals especially children. The HIV/AIDS epidemic has devastated the family structure which is already strained by other detrimental factors such as urbanisation and poverty. The increased death rate of young parents due to AIDS-related diseases has led to an escalating number of orphaned children growing in child headed households (CHH) without adult care. A qualitative study was undertaken to develop an understanding of the barriers that hinder the integration of orphaned children into extended family folds and to obtain suggestions on how to overcome these barriers. Semi-structured, face-to-face interviews were conducted in Bushbuckridge, Mpumalanga Province, with a sample of children heading CHH, relatives of these children and social workers who were rendering social work services to these client-systems. The study revealed that the level of suffering faced by CHH began with the illness of the parents. This was further exacerbated by the death of the parents as these children were not absorbed by their extended families. Barriers that hindered the integration of orphaned children into extended family folds go beyond the extended families’ economic capacity to absorb the children. There is an interplay of barriers that are poverty related, relational and family related, culturally related, circumstances that are related to the orphaned children as well as limitations in social work service delivery. The findings indicate that CHH is not a good option to care and protect orphaned children as it exposes them to pervasive adversities with little resources and support. The integration of orphaned children is embraced as a good option to care for the children because of its potential value, amongst others, of enabling the extended families to relieve the CHH from the burden of care. From the findings of this study, practice guidelines were developed to enhance the efficacy of integrating orphaned children into extended families to prevent the CHH phenomenon.

The grounds for asserting that parents of all cultures can be held responsible and accountable for the care and education of their children derive from sources such as the primordial nature of humanity, the precepts of state statutes and international protocols that refer to educational issues and the tenets of scripts that apply to adherents of a particular philosophy of life - for example the Bible as the guide for parents who subscribe to a Christian philosophy of life. The issue of parental say in formal education as provided for in current education legislation is perhaps not an entirely unique development. In this thesis the development of the concept of parental responsibilities and rights in relation to formal schooling in South Africa during the Colonial period was investigated. An attempt was made to determine what Colonial parents - who were predominantly Protestant Calvinist and who consequently subscribed to a Christian philosophy of life - did to ensure that their children's formal education met with their approval and fulfilled their expectations. A further aspect examined related to the identification of the specific issues in education that these parents believed they should be afforded the right to regulate in order to ensure that their children's formal education - as an extension to their primary education - conformed with the fundamental principles of their philosophy of life. The research affirmed the significance a philosophy of life holds for the perception of what it is that constitutes authentic education. It can consequently be concluded that parental involvement in formal schooling should not be seen as intrusion in a realm beyond the jurisdiction of the parent, but as cases of judgement, discernment and selection dictated by the parent's philosophy of life. / Educational Studies / D. Ed. (History of Education)