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Children’s Bill signed by the President – but not yet in force
Paula Proudlock, Child Rights Programme |
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Parliament passed the first Children’s Bill in December last year after a year of deliberations. On 8 June this year the first Bill was signed into law by the President, and it is now called the Children’s Act 38 of 2005.
However, the Act will only come into effect when a commencement date is announced in the Government Gazette. This means that the Child Care Act of 1983 still governs the child care and protection system until the commencement date of the new Act is announced. It will probably only happen in 2008 because the second Bill, called the Children’s Amendment Bill, still needs to be passed. Thereafter regulations need to be drafted, service providers need to be trained on their responsibilities in relation to the new law, and budgets need to be allocated.
The Children’s Amendment Bill will now take centre stage as it makes its way through Parliament during the second half of 2006. The Bill provides for and regulates crèches, early childhood development, prevention and early intervention services, protection services, foster care, child and youth care centres, shelters and drop-in centres.
In response to the upcoming debates on the second Bill, the Department of Social Development held a number of workshops during May and June to consult with the provinces and civil society on the Bill, which is now being prepared for tabling in Parliament. It is not yet known when the Bill will be tabled or when parliamentary hearings will be held, but it could happen very soon at short notice. We therefore advise interest groups to start engaging with the Bill to ensure that they are ready with submissions when the hearings are announced.
Copies of the Bills, updates, discussion documents and submissions are available on the Policy and Law Reform page on the Children's Institute web site.
For general information on the Bill or the way forward, please contact Paula Proudlock or e-mail Lucy Jamieson, or alternatively phone +27 21 689 5404.
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