Traditional Courts Bill, 2017

To provide a uniform legislative framework for the structure and functioning of traditional courts, in line with constitutional imperatives and values; and to provide for matters connected therewith.

The Social Assistance Amendment Bill, 2018

To amend the Social Assistance Act, 2004, so as to insert new definitions; to provide for additional payments linked to social grants; to provide for payment of benefits to a child-headed household; to provide for social relief of distress in the event of a disaster; to repeal the internal reconsideration process; to provide for an Independent Tribunal to consider appeals against decisions of the Agency; to provide for the establishment of the Inspectorate as a government component; and to provide for matters connected therewith.

CRIMINAL LAW (SEXUAL OFFENCES AND RELATED MATTERS) AMENDMENT ACT AMENDMENT BILL, 2020

To amend the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, so as to—

  • extend the ambit of the offence of incest;
  • introduce a new offence of sexual intimidation;
  • further regulate the inclusion of particulars of persons in the National Register for Sex Offenders;
  • make provision for certain particulars of persons who have been convicted of sexual offences to be made publicly available;
  • extend the list of persons who are to be protected in terms of Chapter 6 of the Act;
  • further regulate the removal of particulars of persons from the National Register for Sex Offenders; and
  • further regulate the reporting duty of persons who are aware that sexual offences have been committed against children, and to provide for matters connected therewith.

The Children’s Third Amendment Bill, 2018

To amend the Children’s Act, 2005, to further promote and protect the child’s right to physical and psychological integrity; to further regulate the position of unmarried fathers; to extend the children’s court jurisdiction to hear applications for guardianship; to provide for matters relating to the provision and funding of early childhood development programmes; to strengthen provisions relating to the National Child Protection Register; to regulate the care of abandoned or orphaned children by family members; to further regulate the initiation of care  and protection proceedings; to further regulate the medical testing of children for foster care and adoption purposes; to clarify procedures for children in alternative care; to further regulate matters relating to adoption and inter-country adoption;

The Child Justice Amendment Bill, 2018

To amend the Child Justice Act, 2008, so as to amend a definition; to further regulate the minimum age of criminal capacity; to further regulate the provisions relating to the decision to prosecute a child who is 12 years or older but under the age of 14 years; to further regulate the proof of criminal capacity; to further regulate the assessment report by the probation officer; to further regulate the factors to be considered by a prosecutor when diverting a matter before a preliminary inquiry; to further regulate the factors to be considered by an inquiry magistrate when diverting a matter at a preliminary inquiry; to further regulate the orders that may be made at the preliminary inquiry; to amend wording in order to facilitate the interpretation of a phrase; and to further regulate the factors to be considered by a judicial officer when diverting a matter in a child justice court; and to provide for matters connected therewith.

Should services rendered by educators & support staff in basic education – including early childhood development – are essential services, 2018

The Centre for Child Law (the Centre) is registered as a Law Clinic and through strategic impact litigation aims to set legal precedent to improve and strengthen laws pertaining to children. The Centre contributes towards the establishment and promotion of the best interests of children in South African law, policy and practice through litigation, advocacy, research and education. The Centre welcomes the Essential Services Committee’s (the ESC) inquiry on whether educators’ right to strike can constitutionally be limited by way of declaring services rendered in basic education and ECD as essential services.

Regulations on the Registration of Births and Deaths, 2018

Since March 2011, LHR has operated a Statelessness Project that focuses on legal identity for all persons in the Republic. The Centre for Child Law contributes, within its means, to establish and promote the best interests of children in South Africa and to use the law as an instrument to advance such interests.

Basic Education Laws Amendment Bill, 2017

The CCL makes the following submissions to the Education Laws Amendment Bill in order to ensure that the proposed amendments are in line with the principles, rights and obligations set out in the Constitution as well as rulings made by the Constitutional Court.

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