The Children’s Amendment Bill And The South African Central Authority

“CHILDREN ARE THE FUTURE OF OUR SOCIETY AND SHOULD BE TAKEN CARE OF.”

The South African Central Authority is mentioned at least 75 times in the Children’s Amendment Bill [B18 – 2020] that is currently before Parliament for processing against the backdrop of the 16 (to 365) Days of Activism for No Violence Against Women and Children Campaign.

at heart and the conviction to turn the distressed municipality around. The first mayor of the democratically configured Amahlathi Local Municipality and its first municipal manager, Mr Chris Magwangqana, said the municipality’s problems are finance and governance. These problems “arise from the lack of principles of good governance and planning. If the fundamental problems of governance and planning are not dealt with, the problem of financial mismanagement, which is secondary, will continue for ever,” he warned.

Mr Magwangqana said Amathole District Municipality, which is supposed to provide support to the local municipalities under it, is unable to do so as Amahlathi is now deteriorating. Amahlathi received a qualified audit report for the 2018/19 financial year, while the district got a disclaimer audit report.

One residents who turned out to vote, Ms Jenene Reabow, said: “We are here to elect a councillor who will ensure that the municipality regains its former glory.”

Adv. Petunia SeabiMathope, the Chief Family Advocate commented on the Children’s Amendment Bill and stated that “Children are the future of our society and should be taken care of. The recent developments in legislation have highlighted the constitutional rights of children in a more articulate manner. Amendments to the Children’s Act enhance the level of care and protection that the State is giving to the rights and well-being of children.”

Who is the South African Central Authority? South Africa ratified the Hague Convention on the Civil Aspects of International Child Abduction that came into operation in 1997, and in terms of this Convention, a member state is duty-bound to set up an administrative body known as the “Central Authority”. One of the main functions of the Central Authority is to assist in cases where children have been wrongfully removed from South Africa or wrongfully kept in a foreign country, as well as cases where children have been wrongfully brought to or kept in South Africa. Trafficking of humans is a criminal offence.

The Chief Family Advocate, a legally qualified official, is appointed by the Department of Justice and Constitutional Development to fulfil the role of the Central Authority. The Family Advocate has to promote and protect the rights of children guided by the supreme principle of what is in the best interest of the child.

What does the Office of the

Family Advocate do?

In addition to assisting with cases involving the international abduction or trafficking of children, the Family Advocate also provides the following services:

• Conducting enquiries and furnishing the court with recommendations where there is a dispute or disagreement regarding guardianship, contact or care of a child(ren);

• Assistance with the drafting and registering of parental plans or parental responsibilities and rights agreements;

• Amending or terminating parental plans or parental responsibilities and rights agreements registered with the Family Advocate;

• Mediating disputes about parental rights and responsibilities of unmarried fathers of a child(ren) born

out of wedlock; and • Conducting inquiries as to what is in the best interest of the child as a result of court cases.

Who pays for the services of the Family Advocate?

The Family Advocate provides services to the public free of charge at the State’s expense. However, parties may be required to pay for additional expert reports such as psychological evaluations, and other tests that are critical to determine the best interest of the child(ren).

How to contact the Chief Family Advocate?

Chief Family Advocate: Adv PI Seabi-Mathope

Tel: 012 357 8022, Fax: 012 357 8043, E-mail: NationalOffice-FA@justice. gov.za or PeSeabiMathope@justice.gov.za

Postal Address: Private Bag X81 PRETORIA 0001 Physical Address: 329 Pretoruis Street, Momentum Building, West Tower, Pretoria

Each province also has its own office: https://www.justice.gov.za/FMAdv/OFA_English.pdf

References: https://www.justice.gov.za