Child Law

South African Legislation

• Children's Act
  • Consolidated Children's Act
    April 2010
  • Consolidated Regulations pertaining to the Children’s Act 2005
  • Consolidated Forms in terms of the Regulations under the Children’s Act 2005
  • Regulations relating to Children's Courts and International Child Abduction
    April 2010 - Part 1
  • Regulations relating to Children's Courts and International Child Abduction
    April 2010 - Part 2
• Child Justice Act
  • Child Justice Act 2008
    May 2009
  • Regulations relating to Child Justice
    April 2010
• Sexual Offences
  • Criminal Law (Sexual Offences And Related Matters) Amendment Act 32 Of 2007
  • National Instruction on Sexual Offences
  • Criminal Law (Sexual Offences And Related Matters) Regulations
• Births and Deaths Registration Act
  • File NameBirths and Deaths Registration Act 51 of 1992
    March 2014
  • Regulations on the Registration of Births and Deaths
    February 2014

SA Government Gazette

• 2014
  • Government Gazette No 38135: Regulations for Child and Youth Care Workers, Auxiliary Child and Youth Care Workers, and Student Child and Youth Care Workers (Social Service Profession Act 110 of 1978)
    31 October 2014
  • Government Gazette No 37222: Step Parent Adoption
    17 January 2013
• 2013
  • Government Gazette 37081: Regulations relating to minimum uniform norms and standards for public school infrastructure
    29 November 2013
• 2012
  • Government Gazette No 35246: Emergency removal of children
    13 April 2012
• 2004
  • Government Gazette No 1462: Essential Services
    13 April 2012

International Child Law Instruments

• International Child Law Instruments
  • International law and domestic human rights litigation in Africa - Magnus Killander (editor)
    The role of international law in the development of children’s rights in South Africa: A children’s rights litigator’s perspective (Chapter 10). Karabo Ngidi
• United Nations
  • United Nations Convention On The Rights Of The Child
    An international convention that has been ratified by almost all of the nations of the world, including South Africa
  • United Nations Guidelines For The Prevention Of Juvenile Delinquency
    A set of international guidelines for nations to guide the prevention of children becoming involved in crime. Also known as the "Riyadh Guidelines"
  • United Nations Rules For The Protection Of Juveniles Deprived Of Their Liberty
    A set of international rules relating to the care and treatment of all children who have been placed in facilities from which they cannot leave at will. Also known as the "JDLs"
  • United Nations Minimum Rules For The Administration Of Juvenile Justice
    A set of international minimum rules for the administration of juvenile justice. Also known as the "Beijing Rules"
  • United Nations Guidelines on Justice in Matters involving Child Victims and Witnesses of Crime
    Guidelines by the United Nations
  • United Nations Resolution on Human Rights in the administration of justice, in particular juvenile justice
    March 2009
• African Charter
  • African Charter On The Rights And Welfare Of Children
    A regional charter ratified by numerous African nations, including South Africa
• Hague Convention
  • Hague Convention on Abduction
    Abduction
  • Hague Convention on Adoption
    Adoption

Legal Aid South Africa Collaboration

• Child Law Matters
  • 2007 Developments in Child Law
    ISSUE 1
  • Child Justice Bill
    ISSUE 2
  • Education Laws Amendment Act
    ISSUE 3
  • International Child Abductions
    ISSUE 4
  • Diversion
    ISSUE 5
  • Imprisonment of Young Offenders
    ISSUE 6
  • Parental Rights and Responsibilities Overview
    ISSUE 7
  • Minimum Sentences and Young Offenders
    ISSUE 8
  • Parental Responsibilities and Rights of Unmarried Fathers
    ISSUE 9
  • Appeals and Children
    ISSUE 10
  • Form 4 Removals
    ISSUE 11
  • Detaining Unconvicted Childen
    ISSUE 12
  • Child Participation
    ISSUE 13
  • Minimum age of criminal responsibility
    ISSUE 14
  • Enforcement of Children’s Rights
    ISSUE 15
  • Sentencing of young offenders: the Ntaka judgment
    ISSUE 16
  • Rescission of Adoption and the best interest of the child
    ISSUE 17
  • Unaccompanied foreign children: their right to legal representation
    ISSUE 18
  • The Best interest of the Child
    ISSUE 19
  • Restorative justice in sentencing: recent guidance from case law
    ISSUE 20
  • Relocation
    ISSUE 21
  • Foster care
    ISSUE 22
  • Minimum sentence judgment
    ISSUE 23
  • Compulsory paternity tests and the acquisition of parental rights and responsibilities (section 21 of the Children’s Act)
    ISSUE 24
  • Sexual Offences Register
    ISSUE 25
  • The issue of criminal capacity based on a plea explanation
    ISSUE 26
  • SCA precedent on guilty plea explanations and the issue of remittal: The case of SM v S1[1]
    ISSUE 27
  • Minimum sentences declared invalid for 16 and 17 year olds
    ISSUE 28
  • The role of Mediation in the Process of Litigating family law disputes: Brownlee v Brownlee 25274/2008 (South Gauteng High Court)
    ISSUE 29
  • The national register for sex offenders: Child Welfare South Africa v Minister of Justice and Constitutional Development and Another, Case no: 68184/09 (North Gauteng High Court)
    ISSUE 30
  • Legal representation of children:HG v CG 2010 (3) SA 352 (ECP).
    ISSUE 31
  • Exclusive Jurisdiction Of The High Court In Guardianship Matters:Ex Parte Sibisi, Case No. 2115/10 [2010] Zakzphc 56 (Unreported)
    ISSUE 32