National Assembly - 27 February 2002
WEDNESDAY, 27 FEBRUARY 2002 __
PROCEEDINGS OF THE NATIONAL ASSEMBLY
____
The House met at 15:01.
The Speaker took the Chair and requested members to observe a moment of silence for prayers or meditation.
ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS - see col 000.
QUESTIONS AND REPLIES - see that book.
NOTICES OF MOTION
Mr M S BOOI: Chairperson, I hereby give notice that on the next sitting day of the House I shall move on behalf of the ANC:
That the House - (1) notes the statement by the Deputy National Police Commissioner André Pruis that the occurrence of 17 out of 20 priority crimes has diminished or stabilised;
(2) recognises that serious crimes such as murder were down by nearly 5%, housebreaking by 3,4% and vehicle theft by nearly 3% during the first nine months of 2001;
(3) commends all those involved in fighting crime, the criminal justice system, community police forums and neighbourhood watches; and
(4) calls on all South Africans who are committed to the wellbeing of our country to participate in Letsema, the ANC campaign of the year of the volunteer, which during this month focuses on safety and security.
[Applause.]
Ms R TALJAARD: Chair, I hereby give notice that I shall move: That the House -
(1) notes the lamentable resignation of Dr Gavin Woods as chairperson of the Standing Committee on Public Accounts;
(2) further notes documents released by Dr Woods highlighting:
(a) substantive shortcomings in the JIT's arms probe report; and
(b) interventions in the committee's own efforts to probe the
defence procurement;
(3) expresses its gratitude to Dr Woods for his fiercely independent chairpersonship of Scopa;
(4) calls on all role-players to recognise that Scopa is at a crossroads; and
(5) calls for a full commitment to an independently chaired nonpartisan public accounts committee to prevail in the interests of sound public financial management.
[Applause.]
Dr R RABINOWITZ: Chairperson, I hereby give notice that on the next sitting day of the House I shall move:
That the House -
(1) notes that -
(a) the central feature of the Government's Aids policy is: ABC -
Abstain; Be faithful; Condomise;
(b) condom week has come and gone;
(c) there is very little attention paid to use of the female condom;
and
(d) use of the female condom will assist women to gain control over
their sex lives; and
(2) calls on the Ministers of Health and of Trade and Industry to -
(a) promote production and distribution of female condoms in South
Africa and to popularise their use; and
(b) ensure that these are made freely available to women at many
public outlets and become as much part of our psyche as male
condoms.
The CHAIRPERSON OF COMMITTEES: ANC, the hon M G Buthelezi.
Miss M N BUTHELEZI: Chairperson, I am M N Buthelezi.
The CHAIRPERSON: M N Buthelezi? Oh, it is written here as M G! Sorry about that. [Laughter.] The MINISTER OF HOME AFFAIRS: Chairperson, there is only one M G Buthelezi in this House.
The CHAIRPERSON: Sorry, hon Minister. That is what is written on this list.
I now call the hon M N Buthelezi!
Miss M N BUTHELEZI: Chairperson, I shall move on behalf of the ANC:
That the House -
(1) notes -
(a) that the Tshwane metropolitan police launched its police force
on Saturday; and
(b) reports that members of eThekwini municipality have pledged to
join the police force in fighting crime;
(2) believes that these initiatives will make a significant contribution to the eradication of crime and corruption; and
(3) commends Tshwane and eThekwini municipalities for embarking on these bold steps to fight crime.
[Applause.]
Mnr I J PRETORIUS: Agb Voorsitter, hiermee gee ek kennis dat ek namens die Nuwe NP op die volgende sittingsdag sal voorstel:
Dat die Huis -
(1) die Suid-Afrikaanse Polisiediens en die Departement van Binnelandse Sake gelukwens met hulle aanslag op korrupsie in dié departement, wat gelei het tot die onlangse inhegtenisname van -
(a) 'n Nigeriese burger wat na bewering paspoorte, huweliks- en
sterftesertifikate vervals het; en
(b) ses amptenare van die Departement van Binnelandse Sake, asook 'n
prokureur wat daarvan verdink word dat hy onwettige immigrante
gehelp het om amptelike dokumente te verkry;
2) daarvan kennis neem dat die Nuwe NP die daadwerklike optrede
verwelkom en 'n beroep doen op die Departement van Binnelandse Sake
en ander rolspelers om voort te gaan met proaktiewe stappe, totdat
alle korrupsie in dié departement uitgewis is. (Translation of Afrikaans notice of motion follows.)
[Mr I J PRETORIUS: Hon Chairman, I hereby give notice that on the next sitting day I shall move on behalf of the New NP:
That the House - (1) congratulates the South African Police Service and the Department of Home Affairs on their attack on corruption in the department, which led to the recent arrest of -
(a) a Nigerian citizen who allegedly falsified passports, marriage
and death certificates; and
(b) six officials from the Department of Home Affairs, as well as an
attorney who is suspected of helping illegal immigrants obtain
official documents; and
(2) takes note that the New NP welcomes this real action and appeals to the Department of Home Affairs and other role-players to continue taking proactive steps until all corruption in the department has been eliminated.]
Dr G W KOORNHOF: Mr Chairperson, I hereby give notice that on the next sitting day of the House I will move on behalf of the UDM:
That the House:
(1) notes that the Standing Committee on Public Accounts fulfils a vital oversight and accountability role within the South African Parliament and constitutional democratic order;
(2) acknowledges that the historical successes of Scopa over a long period of time were the result of the unanimous commitment, sound financial management and governance by all the parties represented in Scopa;
(3) expresses its concern that the emergence of overpowering partisan attitudes in the past year has resulted in a decrease in the quality and quantity of work generated by Scopa historically; and
(4) calls on all parties to co-operate towards the restoration of Scopa as an integral parliamentary mechanism to ensure that taxpayer money is spent properly and responsibly.
Mr D A A OLIFANT: Chairperson, on the next sitting day of the House I shall move on behalf of the ANC:
That the House -
(1) notes -
(a) the exciting plan to provide farmworkers from Haarlem in the
Klein Karoo with shares worth R5 million in the Appelkloof
farming company;
(b) that an additional 45 jobs will be created in the community; and
(c) that the French government has trained 20 Western Cape
farmworkers in viticulture and also plans to open a wine academy
in Cape Town;
(2) believes that both these initiatives provide major empowerment opportunities for formerly marginalised farmworkers;
(3) commends the French government and the farmers who own the Appelkloof farming company; and
(4) hope that these projects will serve as examples to others who are able to contribute to the empowerment of South African farmworkers.
Mr J P I BLANCHÉ: Mr Chairman, I hereby give notice that I shall move:
That the House -
(1) notes -
(a) the President's attitude towards Parliament and its
institutions; and
(b) that by not replying to those who took part in the debate, he is
sending a signal to the world and other nations that African
leaders may ignore their opposition, and those who voted for
opposition parties.
(2) calls on the President in future state of the nation addresses not to pay lip service in the national statement to his outreach to groups, but to start in Parliament by replying sensibly to the speeches of the Leader of the Opposition and other leaders who took part in the state of the nation debate.
Mnr C AUCAMP: Agb Voorsitter, hiermee gee ek kennis van die volgende voorstel namens die AEB:
Dat die Huis -
(1) sy misnoeë uitspreek met die optrede van die LUR van Gesondheid in Mpumalanga, me Sibongile Manana, wat die Superintendent van die Rob Ferreira Hospitaal in Nelspruit, Dr Thys von Mollendorff, ontslaan het bloot omdat hy getrou gebly het aan die eed van Hippokrates om te alle tye die belange van sy pasiënte op die hart te dra; en
(2) kennis neem dat -
(a) in die lig van die President se oproep tot Letsema, dit
ironies is dat Dr Von Mollendorff se groot sonde juis was dat
hy 'n vrywillige burgerlike organisasie, die Greater
Nelspruit Rape Intervention Project, wat hul dienste gratis
aanbied, betrek het by die taak om gesondheid in sy hospitaal
te bevorder;
b) aangesien Dr Von Mollendorff afgedank is omdat hy volgens die
LUR nie regeringsbeleid ten opsigte van HIV uitgevoer het
nie, die President konsekwent sal wees deur óf die LUR te
repudieer en Dr Von Mollendorff in sy pos te herstel, óf die
Premier van Gauteng, mnr Mbhazima Shilowa, te ontslaan omdat
hy ook afwyk van regeringsbeleid deur nevirapine aan pasiënte
in alle staatshospitale beskikbaar te stel. (Translation of Afrikaans notice of motion follows.)
[Mr C AUCAMP: Hon Chairman, I hereby give notice of the following motion on behalf of the AEB:
That the House -
(1) expresses its displeasure with the behaviour of the MEC for Health in Mpumalanga, Ms Sibongile Manana, who dismissed the superintendent of the Rob Ferreira Hospital in Nelspruit, Dr Thys von Mollendorff, merely because he remained true to the Hippocratic Oath, at all times to have the interests of his patients at heart; and
(2) notes that -
(a) in the light of the President's call to Letsema, it is ironic
that Dr Von Mollendorff's great sin was precisely that he
involved a voluntary civil organisation, the Greater Nelspruit
Rape Intervention Project, which offers its services free of
charge, in the task to promote health in his hospital; and
(b) Dr Von Mollendorff was dismissed, according to the MEC, because
he did not carry out the Government's policy with regard to HIV
and requests that the President be consistent by either
repudiating the MEC and reinstating Dr Von Mollendorff in his
post, or dismissing the Premier of Gauteng, Mr Mbhazima Shilowa,
because he is also deviating from the Government's policy by
making nevirapine available to patients in all state hospitals.]
Ms N V CINDI: Chairperson, I shall move on behalf of the ANC: That the House -
(1) notes that -
(a) since 1994, R10 billion have been invested to allow more people
to access electricity; and
(b) more than 70% of the population now have access to electricity;
(2) believes that this remarkable achievement demonstrates the commitment of the ANC-led Government to create a better life for all; and
(3) commends the Government for providing this important service to our people.
Mr R S NTULI: Chairperson, I give notice that I shall move:
That the House -
(1) notes that everyone has the right to a basic education;
(2) further notes, with great concern, the irresponsible action by the local leadership of the Pan-Africanist Student Organisation, Paso, which forced principals to close schools indefinitely in Tsakane in Brakpan on the East Rand, thereby infringing on the fundamental right of thousands of learners to a basic education;
(3) strongly condemns intimidation at schools as a means of resolving problems, because it is unlawful; and
(4) urges the Gauteng Department of Education to resolve this crisis so that normal teaching and learning can be resumed without further delay.
[Applause.] Mr A M MPONTSHANE: Chairperson, I give notice that I shall move on behalf of the IFP:
That the House -
(1) notes -
(a) with concern that there are still a number of schools that
refuse admission to children on account of fees and uniforms;
and
(b) that the South African Schools Act lays down clear guidelines
which forbid such practices; and
(2) therefore calls upon the provincial Ministries to issue new directives to both school principals and governing bodies, and to take action against those who deliberately contravene the Act.
Mr M J G MZONDEKI: Chairperson, I shall move on behalf of the ANC: That the House -
(1) notes that a landmark court case involving the use of child labour by farmers in the Western Cape led to a conviction of a farmer in Ceres on 12 February 2002;
(2) believes that this conviction sends a clear signal about the commitment of the ANC and the Government to uphold the rights of children and abolish the exploitation and abuse of children on all farms; and
(3) applauds all the concerned law enforcement officials for bringing the perpetrators to book.
[Applause.]
Mr C M MORKEL: Chairperson, on behalf of the New NP I hereby give notice:
That the House -
(1) notes the arrest and denial of bail to members of Paso in connection with the disruption of education for the developmental liberation of youth in Tsakane on the East Rand and Balfour in Mpumalanga;
(2) accepts that -
(a) the use of necessary force by the police was vital in protecting
themselves and the affected schools;
(b) affected school governing bodies continue to make decisions on
school fees and payment schemes in a participatory manner; and
(3) calls upon the PAC to confirm or deny that these incidents are part of a national strategy to take a destructive approach in dealing with the common challenges of youth development.
Mr S ABRAM: Chairperson, I give notice that I shall move:
That the House -
(1) notes that following hard on the heels of a recent increase in telephone rates, there is another increase in communication services fees, namely a 9% increase in postal services;
(2) expresses its concern that these increases have a disastrous impact on the poor by making it more expensive for them to access communication services;
(3) views this move by the postal services as extending the disparity between the haves and the have-nots;
(4) further notes that this increase in tariffs may be in contravention of the Post Office’s licence agreement; and
(5) calls on the Government to intervene and ensure that the poor do not suffer further and that the consumer is protected.
Mr N B FIHLA: Chairperson, I shall move on behalf of the ANC:
That the House -
(1) notes with concern reports that the Kokstad Prison remains closed owing to irregularities surrounding issues of nonpayment of electricity, water and rates by the people of Kokstad;
(2) recognises the intervention by the Department of Public Works through the establishment of a task team to resolve the problem amicably and speedily;
(3) believes that a speedy resolution lies with the people of Kokstad and the spirit of the people’s campaign, Vuk’uzenzele, which seeks to promote the involvement of the people in partnership with the task team; and
(4) calls on the people of Kokstad to co-operate with the department’s task team to resolve the impasse.
NKOSI JOHNSON NOMINATED FOR WORLD CHILDREN'S PRIZE
(Draft Resolution)
Mr D H M GIBSON: Chairperson, I move without notice:
That the House -
(1) notes that -
(a) the late Nkosi Johnson has been nominated posthumously for the
World Children's Prize, sometimes known as the children's Nobel
Prize;
(b) this is a great honour and recognition of his legacy as an
international Aids activist; and
(c) this award will bring much needed funding to Nkosi's Haven for
children of mothers with Aids; and
(2) calls on all South Africans to pledge their support and vote for Nkosi so that more South African children can benefit from his legacy.
[Applause.]
Agreed to.
The House adjourned at 17:22. ____
ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS
FRIDAY, 22 FEBRUARY 2002
ANNOUNCEMENTS: National Assembly and National Council of Provinces:
- The Speaker and the Chairperson:
(1) The Joint Tagging Mechanism (JTM) on 21 February 2002 in terms
of Joint Rule 160(6), classified the following Bill as a section
75 Bill:
(i) Media Development and Diversity Agency Bill [B 2 - 2002]
(National Assembly - sec 75).
National Assembly:
- The following papers have been tabled and are now referred to the relevant committees as mentioned below:
(1) The following paper is referred to the Portfolio Committee on
Agriculture and Land Affairs:
The Strategic Plan for South African Agriculture.
(2) The following paper is referred to the Portfolio Committee on
Transport:
The Road to Safety 2001-2005, "Building the foundations of a safe
and secure road traffic environment in South Africa".
(3) The following papers are referred to the Portfolio Committee on
Finance:
(a) Proclamation No 64 published in Government Gazette No
22924 dated 7 December 2001, Commencement of the Pension Funds
Amendment Act, 2001 (Act No 65 of 2001), made in terms of
section 5 of the Pension Funds Amendment Act, 2001 (Act No 65
of 2001).
(b) Proclamation No 65 published in Government Gazette No
22924 dated 7 December 2001, Commencement of the Pension Funds
Second Amendment Act, 2001 (Act No 39 of 2001), made in terms
of section 7 of the Pension Funds Second Amendment Act, 2001
(Act No 39 of 2001).
(c) Government Notice No R.1256 published in Government
Gazette No 22877 dated 30 November 2001, Financial instrument
regulations, made in terms of section 6(1)(c) of the Unit
Trusts Control Act, 1981 (Act No 54 of 1981).
(d) Government Notice No R.1370 published in Government
Gazette No 22939 dated 13 December 2001, Regulations relating
to representative offices of foreign banking institutions,
made in terms of section 90 of the Banks Act, 1990 (Act No 94
of 1990).
(e) Government Notice No R.1342 published in Government
Gazette No 22907 dated 14 December 2001, Procedure for the
imposition of penalties by the Registrar of Short-Term
Insurance, made in terms of section 66(2) of the Short-Term
Insurance Act, 1998 (Act No 53 of 1998).
(f) Government Notice No R.1343 published in Government
Gazette No 22907 dated 14 December 2001, Procedure for the
imposition of penalties by the Registrar of Long-Term
Insurance, made in terms of section 68(2) of the Long-Term
Insurance Act, 1998 (Act No 52 of 1998).
TABLINGS:
National Assembly and National Council of Provinces:
Papers:
- The Minister of Finance: (a) Report of the Auditor-General on the Financial Statements of the Reconstruction and Development Programme Fund for 1997-98 [RP 190- 2001].
(b) Report of the Auditor-General on the Financial Statements of the
Reconstruction and Development Programme Fund for 1998-99 [RP 187-
2001].
(c) Report of the Auditor-General on the Financial Statements of the
Reconstruction and Development Programme Fund for 1999-2000 [RP
188-2001].
(d) Report of the Auditor-General on the Financial Statements of the
Reconstruction and Development Programme Fund for 2000-2001 [RP
189-2001].
- The Minister for Justice and Constitutional Development:
Proposed Regulations made in terms of the Promotion of Access to
Information Act, 2000, submitted to Parliament in terms of section
92(2) of the Promotion of Access to Information Act, 2000 (Act No 2 of
2000).
- The Minister of Water Affairs and Forestry:
Report and Financial Statements of the Sedibeng Water Board for 2000-
2001.
MONDAY, 25 FEBRUARY 2002
ANNOUNCEMENTS:
National Assembly and National Council of Provinces:
- The Speaker and the Chairperson:
(1) The Joint Tagging Mechanism (JTM) on 25 February 2002 in terms
of Joint Rule 160(6), classified the following Bill as a section
75 Bill:
(i) Local Government: Municipal Finance Management Bill [B 1 -
2002] (National Assembly - sec 75).
(2) The Joint Tagging Mechanism (JTM) on 25 February 2002 in terms
of Joint Rule 160(6), classified the following Bill as a money
Bill (section 77):
(i) Appropriation Bill [B 4 - 2002] (National Assembly - sec
77).
(3) The Joint Tagging Mechanism (JTM) on 25 February 2002 in terms
of Joint Rule 160(6), classified the following Bill as a section
76 Bill:
(i) Division of Revenue Bill [B 5 - 2002] (National Assembly -
sec 76).
COMMITTEE REPORTS:
National Assembly:
-
Report of the Portfolio Committee on Finance on the Division of Revenue Bill [B 5 - 2002] (National Assembly - sec 76), dated 25 February 2002:
The Portfolio Committee on Finance, having considered the subject of the Division of Revenue Bill [B 5 - 2002] (National Assembly - sec 76), referred to it and classified by the Joint Tagging Mechanism as a section 76 Bill, reports the Bill with amendments [B 5A - 2002].
TUESDAY, 26 FEBRUARY 2002
ANNOUNCEMENTS:
National Assembly and National Council of Provinces:
- The Speaker and the Chairperson:
The following changes have been made to the membership of Joint
Committees, viz:
Improvement of Quality of Life and Status of Children, Youth and
Disabled Persons:
Appointed: Reid, L L R.
Discharged: Bhengu, F.
Improvement of Quality of Life and Status of Women:
Appointed: Morutoa, M R.
National Assembly:
- The Speaker:
The following changes have been made to the membership of Committees,
viz:
Agriculture and Land Affairs:
Appointed: Dlali, D M (Alt); Gomomo, P J (Alt).
Arts, Culture, Science and Technology:
Appointed: Tolo, L J (Alt).
Discharged: Chiwayo, L L; Gandhi, E; Sotyu, M M.
Communications:
Appointed: Morutoa, M R (Alt).
Correctional Services:
Appointed: Durand, J (Alt); Van Deventer, F J.
Defence:
Appointed: Dlali, D M.
Education:
Discharged: Mothoagae, P K.
Environmental Affairs and Tourism:
Appointed: Goosen, A D (Alt).
Discharged: Arendse, J D.
Finance:
Appointed: Cachalia, I M; Chiwayo, L L; Mabe, L (Alt).
Discharged: Booi, M S; Moloto, K A.
Minerals and Energy:
Appointed: Dlali, D M; Gomomo, P J (Alt).
Provincial and Local Government:
Appointed: Molebatsi, M A.
Discharged: Kannemeyer, B W; Mahlawe, N.
Public Accounts:
Appointed: Mothoagae, P K; Nobunga, B J (Alt).
Discharged: Gerber, P A; Joemat, R R; Nel, A C.
Sport and Recreation:
Appointed: Morobi, D M (Alt); Reid, L L R; Xingwana, L M T (Alt).
Discharged: Fihla, N B; Nobunga, B J.
Trade and Industry:
Appointed: Gomomo, P J (Alt).
Discharged: Chiwayo, L L.
Water Affairs and Forestry:
Appointed: Goosen, A D.
TABLINGS:
National Assembly:
Papers:
- The Minister of Finance:
Resolutions of the Standing Committee on Public Accounts for 2001 and
replies thereto obtained by the National Treasury: Fifth, Seventh,
Eighth, Ninth, Eleventh, Twelfth and Thirteenth Reports, 2001.
WEDNESDAY, 27 FEBRUARY 2002
TABLINGS:
National Assembly and National Council of Provinces:
Papers:
- The Speaker and the Chairperson:
Report of the Auditor-General on the Financial Statements of the Office
of the Public Protector for 1999-2000 [RP 09-2002].
National Assembly:
- The Speaker:
(1) Written Explanation from the Chairperson of the Independent
Electoral Commission in terms of the Public Finance Management
Act, 1999 (Act No 1 of 1999), setting out reasons why the Annual
Report and the Financial Statements of the Independent Electoral
Commission for 2000-2001 were not tabled in time:
Ms F Ginwala
Speaker
National Assembly
PO Box 15
CAPE TOWN
8000
Dear Colleague
ELECTORIAL COMMISSION: TABLING OF ANNUAL REPORT AND FINANCIAL
STATEMENTS IN PARLIAMENT
Thank you for your letter dated 29 January 2002 that was
unfortunately only received in my office on 25 February.
The reports of the Auditor-General on our financial statements
for the financial years ending 31 March 2000 and 31 March 2001
were received from the Auditor-General on 9 November 2001.
Printer's proofs to our satisfaction could only be submitted to
the Office of the Auditor-General for their approval on 15
January 2002 as a result of the festive season. His Office
returned these to us on 4 February 2002 requesting further
editorial adjustments. These were effected and the Office of the
Auditor-General signed the proofs on 20 February. The reports
(annual report, financial statements and the report of the
Auditor-General) are presently being printed and we should be
able to table the reports in Parliament during the week of 4
March 2002.
The delay, due to circumstances beyond our control, is
regretted.
Yours sincerely
DR BRIGALIA HLOPHE BAM
Chairperson: IEC
(2) Report of the Working Group on the African Union
A. Introduction
The President, in his address to the Joint Sitting of the Houses
on 31 October 2001, indicated that Parliament had made important
observations on the implementation of the Constitutive Act of the
African Union. The President requested that members of Parliament
elaborate on the problematic areas they identified, propose
possible remedies and spell out what form the various organs
mentioned in the Constitutive Act should take.
On 16 November 2001 the National Assembly passed a resolution
establishing a Working Group to consider the implementation of the
Constitutive Act of the African Union.
The Working Group is chaired by the Speaker (Dr F N Ginwala) and
includes the Deputy Speaker (Ms B Mbete), Dr R H Davies, Adv J H
de Lange, Ms F Hajaig, Dr P Z Jordan, Mr C W Eglin, Mr M F Cassim,
Dr B L Geldenhuys, Mr W G Makanda.
The Working Group met on 15 January 2002, 14 February 2002 and 27
February 2002. The Working Group established a Planning Team to
deal with detailed planning and technical matters. The Planning
Team held its first meeting on 19 February 2002.
B. Objects of the Working Group
The brief of the Working Group is to consider how to make
Parliamentary inputs into the implementation of the Constitutive
Act of the African Union and suggest appropriate procedural
mechanisms for doing so. Parliament should assist the South
African government in its participation in the implementation of
the African Union and the establishment of its structures. In
carrying out this task, Parliament will need to consider the
vision of the African Union, make recommendations on how to
achieve that vision and also consider policy implications and the
legal and constitutional issues arising from the Act including the
institutional framework being created by it. To this end,
Parliament will make recommendations on what form the various
organs of the African Union should take, and on the protocols and
relevant rules and regulations.
C. Process
In order to perform its task, the Working Group has mapped out the
way forward as follows:
1. A meeting of the Working Group with the Executive will take
place before the end of February 2002. The purpose of the
meeting is to discuss, among other things:
(a) the vision of the African Union.
(b) progress being made in preparing for the inauguration of
the African Union in July 2002.
(c) the implementation of the Constitutive Act.
(d) political considerations and implications for South
Africa.
(e) participation in the African Union by other countries and
regional bodies.
(f) the transition from the Organisation of African Union
(OAU) to the African Union (AU).
2. In cooperation with the Africa Institute of South Africa, the
Institute for Global Dialogue and the South African Institute
for International Affairs, a seminar on the African Union has
been scheduled for 1 and 2 March 2002 consisting of the
Working Group, members of Parliament as well as
representatives from government. The purpose of the seminar is
to allow Members to deliberate on the African Union
specifically and familiarise Members with the Union and the
issues arising in the course of its establishment.
The seminar programme is to cover the following areas:
(a) an overview of the African Union.
(b) a situation analysis.
(c) the African Union and other African initiatives.
(d) the constitution, powers and functions of organs of the
African Union.
(e) implications of the Constitutive Act of the African Union.
3. It is recommended that a Parliamentary Debate on the African
Union be held in the current session in order to raise
awareness among the South African public about issues
pertaining to the African Union.
4. Following the seminar, the Working Group will submit a further
report on how Parliament should proceed and involve itself in
the process of the implementation of the Constitutive Act.
Report to be considered. COMMITTEE REPORTS:
National Assembly:
-
Report of the Portfolio Committee on Agriculture and Land Affairs on the Animal Identification Bill [B 49 - 2001] (National Assembly - sec 75), dated 26 February 2002:
The Portfolio Committee on Agriculture and Land Affairs, having considered the Animal Identification Bill [B 49 - 2001] (National Assembly - sec 75) and proposed amendments of the National Council of Provinces (Announcements, Tablings and Committee Reports, p 27), referred to the Committee, reports the Bill with amendments [B 49A - 2001].
Report to be considered.
-
Report of the Portfolio Committee on Social Development on Study Tour to Britain, dated 31 October 2001: A. Preamble
A delegation from the Portfolio Committee on Social Development undertook a study tour to Britain from 20 to 29 July 2001. The multi-party delegation was led by the Chairperson of the Committee, Mr E Saloojee (ANC), accompanied by Mr M Masuta (ANC), Ms M Ramotsamai (ANC), Ms R Southgate (ACDP), Ms S Kalyan (DP), Prof L Mbadi (UDM), Ms Z Adhikari (Committee Secretary), Mr F Abrahams (Researcher) and Ms N Ahmed (Parliamentary Researcher).
B. Background
The Committee and the Department were instrumental in advocating
for the complete review and development of comprehensive childcare
legislation for South Africa's children. This legislative review
was underpinned by the belief that all children in this country
should have a right to protection and promotion of human dignity.
The SA Law Commission was tasked with this undertaking and
mandated to premise their investigation on "the best interest of
the child". The "best interest of the child", as reflected in the
Constitution, 1996, and International Instruments like the UN
Convention on the Rights of the Child and the African Charter on
the Rights and Welfare of the Child, is the common thread in the
development of comprehensive childcare legislation for South
Africa. The SA Law Commission is finalising its legislative
proposals.
C. Terms of reference
The Committee undertook this study tour in preparation for the
critical assessment of the legislative proposals and to make
recommendations based on a thorough understanding of what should
constitute the key provisions in comprehensive South African
childcare legislation.
Furthermore, the Committee wanted to evaluate proposed mechanisms
to monitor the implementation of legislation and identify problems
with implementation. This will, among others, assist the Committee
in gaining understanding of what the budgetary implications are
likely to be when implementing comprehensive legislation.
Provisions for special family courts, child protection services
and models of care were to be explored.
Objectives of tour
A consideration of international children's statutes indicated
that a study tour to Britain would offer the Committee the most
appropriate opportunity to realise the objectives of the tour.
These objectives were to:
1. Critically review the British Children's Act of 1989 and other
relevant childcare legislation.
2. Review legislative and policy measures that focus on protecting
children in exceptionally difficult circumstances.
3. Identify existing gaps in the current legislation that
negatively impact on children enjoying full protection.
4. Assess the ways in which the Children's Act is in line with the
Convention on the Rights of the Child.
5. Identify measures that have been put in place to facilitate
oversight of the implementation of such legislation.
6. Investigate partnerships between the government and children's
rights activists in giving effect to legislative provisions to
protect children.
7. Identify intersectoral mechanisms at national, provincial and
local level that facilitate the promotion and protection of
children's rights.
8. Evaluate ways in which all legislation that affects the
Children's Act is in synergy, thus advancing children's
rights.
A brief consideration of the UK legislation affecting children is
presented as the context within which discussions were conducted
by the Committee.
D. British legislation
Children's Act (1989)
The Children's Act codified legislation affecting children, and
enshrined the rights of children as well as adults'
responsibilities toward them. The Act is fundamentally based upon
the belief that children are generally best looked after within
the family, with both parents playing a full part and without
resorting to legal proceedings. If a child is removed from the
family, however, or is subjected to court proceedings, the welfare
of the child must be the paramount consideration. The Act
therefore makes it a requirement that the child's wishes are heard
before a decision regarding his or her future is made, and that
proceedings that involve children, must be finalised with minimal
delay.
In terms of the Children's Act, a court may make a range of orders
concerning the best interests of a child. However, the issue is
approached from the "no-order presumption" premise, which means
that it is assumed that parents should see a court application as
a last resort when other options (including professional
conciliation or mediation) have failed.
Should the court make an order, this may include:
1. A Parental Responsibility Order, which confers similar rights
on an unmarried and married father.
2. A Contact Order, which requires the person with whom the child
lives to allow the child to visit or stay with the person
named in the order, or for that person and the child to have
contact with each other.
3. A Residence Order, which stipulates where the child will live,
but importantly, not to whom the child belongs. Where a
residence order is made, the holder of the order cannot change
the child's surname and neither can the child be removed from
the UK without the written consent of all those with parental
responsibility or by a court order.
4. A Specific Issue Order/Prohibited Steps Order, which enables
the court to make orders requiring specific actions (Specific
Issues Order) to be taken or prohibiting certain steps
(Prohibited Steps Order) being taken in respect of children.
These orders are intended to safeguard the interests of the
children where major issues of concern arise.
5. Family Assistance Order, which provides short-term help to
overcome any problems and conflict associated with separation
or divorce. A Court Welfare Officer will normally supervise
such an order.
6. An Assessment, Care and Supervision Order, which provides for
the courts to deal with situations in which children are, or
may be, at risk of significant harm, and which makes it
possible for Social Services to seek, through the courts,
orders for assessment (including medical examinations) and
Care and Supervision Orders.
The Act further provides the framework for the delivery of a wide
range of services and court-related proceedings, and makes
statutory provision for the co-operation of different government
agencies when the need to protect a child becomes apparent. This
is done at local government level, where local authorities are
required to prepare plans for the provision of children's services
in their area and to keep those plans under review.
E. Additional legislative measures
Despite the wide purport for the Children's Act of 1989, the
government has had to introduce a number of other legislative
measures to supplement this Act, and to define the
responsibilities of different levels of government.
1. Some more important changes
(a) New powers for courts to add exclusion requirements to
interim care orders and emergency protection orders,
where domestic violence is an issue, and allowing the
child to remain at home but the violent person to be
removed.
(b) Providing for certain orders under the Crime and Disorder
Act, 1998, to be made in family proceedings.
(c) Linking the Family Law Act, 1996, with the Children's Act
by designating FLA applications as "family proceedings".
(d) Extending the range of children who can qualify for advice
and assistance to those who are accommodated in health
authority settings.
(e) The introduction of the Protection of Children's Act,
1999, in order to restrict the opportunities for those
with criminal records for offences against children to be
employed or considered for fostering, adoption or work in
certain settings with children.
(f) Requiring local authorities to prepare plans for the
provision of children's services in their areas and to
keep those plans under review.
(g) Requiring, through the Children's Act, 2000, that young
people who have been looked after by a local authority,
are assisted to move from care into living independently
in as stable a fashion as possible. To this end, the
Children's Act is amended by placing a duty on local
authorities to assess and meet the care and support needs
of children in care (aged 16 and 17) and children who
leave care, as well as those who were in care before
reaching the age of 18 years. The local authority will be
obliged to maintain contact with all its care leavers who
qualify for these new support arrangements, including
those aged 18 to 21 years, and beyond in some instances.
(h) Enabling local authorities to offer new support to carers
to help them maintain their own health and well-being.
The Children's Act, 2000, gives local authorities the
power to supply certain services - services that help the
carer care for the person cared for - directly to carers
following assessment. Secondly, the Act empowers local
authorities to make direct payments to carers, while it
also gives local authorities a power to charge carers for
the services they receive.
2. Quality protection programme
In an important step to realise what is implicit in the
Children's Act, eight comprehensive and outcome-focused
objectives in respect of personal social services for children
were published with the launch of the Quality protection
programme in September and November 1998. In effect, they aim
to expand on the meaning of safeguarding and promoting
children's welfare and to strengthen some of the strategic
planning underpinning the Act since its implementation.
The eight objectives were to:
(a) Ensure that children are securely attached to carers
capable of providing safe and effective care for the
duration of their childhood.
(b) Ensure that children are protected from emotional,
physical and sexual abuse and neglect (significant harm).
(c) Ensure that children gain maximum mileage from educational
opportunities, health care and social care.
(d) Ensure that children cared for gain maximum life chance
benefits from educational opportunities, health care and
social care.
(e) Ensure that young people leaving care, as they enter
adulthood, are not isolated, but participate socially and
economically as citizens.
(f) Ensure that children with specific social needs arising
from disability or a health condition are living in
families or other appropriate settings in the community
where their assessed needs are adequately met and
reviewed.
(g) Ensure that referral and assessment processes discriminate
effectively between different types and levels of needs
and production, and are timeously reported on.
(h) Ensure that resources are planned and provided for at
levels that represent best value for money, and allow for
choice and different responses for different needs and
circumstances.
3. Guidance
Child protection services are governed by the Children's Act,
1989. The Act provides a comprehensive framework for the care
and protection of children. The Act also places a statutory
duty on local authorities to act when any child has suffered,
or is likely to suffer, significant harm. In the event that
the child is, or is likely to be, experiencing significant
harm, he or she is placed on a child protection register. A
child protection plan is then developed and the child is
assigned to a care worker. There are approximately 30 000
children on child protection registers in Britain at any given
time.
The Children's Act, 1989, is accompanied by Guidance developed
by the Department of Health, the Home Office and the
Department for Education and Employment. This document intends
to provide a national framework within which agencies and
professionals at local level need to work collaboratively to
promote children's welfare and protect them from abuse and
neglect. It is addressed to those who work in the health and
education services, the police, social services, the probation
service, and others whose work brings them in contact with
children and families. Furthermore, it applies to those
working in the statutory and voluntary sectors. The
information contained in this document:
(a) Describes how actions to safeguard children fit within the
wider context of support to children and families.
(b) Describes some of the ways to best operate child
protection processes.
(c) Sets out the role and responsibilities of different
agencies and practitioners.
(d) Outlines the way in which joint working arrangements
should be agreed upon, implemented and reviewed through
the mechanism of Area Child Protection Committees.
(e) Sets out the processes that should be followed when there
are concerns about a child, and the action that must be
taken to safeguard and promote the welfare of children
who are suffering, or at risk of suffering, significant
harm.
(f) Provides guidance on child protection in specific
circumstances, including children living away from home.
Concept of significant harm
The Children's Act, 1989, introduced the concept of
significant harm as the threshold that justifies compulsory
intervention in family life, in the best interest of the
child. A court may only make a care order (committing the
child to the care of the local authority) or supervision order
(placing the child under the supervision of a social worker or
probation officer) in respect of a child if it is satisfied
that:
* the child is suffering, or is likely to suffer,
significant harm; and
* the harm or likelihood of harm is attributable to a lack
of adequate parental care or control.
There are no absolute criteria on which to rely when judging
what constitutes significant harm. Consideration of the
severity of ill-treatment may include the degree and the
extent of physical harm, the duration and frequency of abuse
and neglect, the extent of premeditation, and the degree of
threat and coercion.
The Guidance document, entitled Working Together to Safeguard
Children, is issued under the Local Authority Social Services
Act, 1970, requires local authorities in their social service
functions to act under the general guidance of the Secretary
of State. As such, this document does not have the full force
of statute, but should be complied with, unless local
circumstances indicate exceptional reasons that justify a
variation.
F. Reforms to youth justice system
The UK government has also made some reforms to the youth justice
system in an attempt to strengthen the link between that system
and the protection of children, as contemplated in the Children's
Act.
The Crime and Disorder Act, 1998, establishes the prevention of
offending as the principal aim of the youth justice system and
places a statutory duty on all those working within the youth
justice system to have regard to that aim. The Act provides a
range of new interventions and punishments to help local
communities and youth justice agencies take effective action to
tackle youth crime.
These include new powers to enable early, targeted intervention to
deal with anti-social behaviour and to divert the very young from
crime - local child curfew schemes to protect children under 10 in
a particular area from getting into trouble.
Under these powers, local authorities may apply to the Home Office
to establish a local scheme which may, for example, form part of
local crime and disorder strategies required under section 6 of
the Act. This includes:
1. Child safety orders, to provide targeted intervention with
children under 10 at risk of getting into trouble.
2. Anti-social behaviour orders, to deal with serious, but not
necessarily criminal, anti-social behaviour by those aged 10
and above.
3. Empowering the police to remove truants to designated premises
to allow the police, working with local authorities and
schools, to tackle truancy, one of the factors that put young
people at risk of committing offences.
New structures at local and national level have been introduced to
provide the framework to tackle youth offending. Youth offending
teams will bring together the staff and wider resources of the
police, social services, the probation service, education and
health, in the delivery of youth justice services, with the scope
to involve others, including the voluntary sector. At national
level, the Youth Justice Board for England and Wales will provide
oversight of the operation of the teams and the youth justice
system.
The Crime and Disorder Act also includes provision for setting
statutory time limits for young offender and persistent young
offender cases, as well as for adult cases. In addition to
measures currently being piloted, the Act also introduced a range
of other procedural changes specifically relating to the youth
court.
The Youth Justice and Criminal Evidence Act, 1999, introduce
reforms that ensure effective intervention with first-time
offenders, emphasising personal responsibility, reparation and the
role of the family, friends and other responsible adults in
addressing offending behaviour. Under these measures, first-time
offenders who plead guilty and do not require a custodial sentence
will be referred through a referral order to a panel drawn from
the community and facilitated by the youth offending team. The
panel will consider the causes of offending and draw up a contract
with the young offender and their parents to address these.
G. Organisations
The Committee met with the following organisations:
1. State agencies
(a) Juvenile Offender Unit
This office forms part of the Home Office and is
responsible for the planning of policies for juvenile
offenders.
(b) Youth Justice Board
The Youth Justice Board is an executive non-departmental
public body, established under the Crime and Disorder
Act, 1998. The Board believes that the youth justice
system must aim to prevent offending by early
intervention in the lives of young people, effective
local systems, strong intervention by the Board where
local agencies are failing, and a co-ordinated approach
across government to tackle youth offending as a
priority.
The Board is responsible for:
* Advising the Home Secretary on the operation of the
youth justice system in delivering its aim to prevent
offences by young people;
* Monitoring operation and performance of the youth
justice system, including the youth court, the work of
the offending teams and the delivery of secure
accommodation;
* Advising the Home Secretary on drawing up standards
for the work of youth offender teams and juvenile
secure estates, and monitoring and publishing
performance indicators;
* Identifying and disseminating good practice,
including commissioning research and providing grants
for developing best practice.
The Youth Justice Board is responsible for reforming
conditions for young offenders in custody, and will
ensure that time is well spent so that when young persons
are released, they do not commit offences again.
Vulnerable young offenders will be placed in appropriate
institutions, as close to their homes as possible.
The new sentence for young offenders - the Detention and
Training Order - will mean that offenders serve their
sentences half in custody and half under the supervision
of the Youth Offender Teams in the community. The Youth
Justice Board believes that achieving continuity between
both elements is vital to preventing further offending.
Multi-agency Youth Offender Teams (Yots) look at the
causes of the offences and exercise oversight on sentence
requirements.
The system of restorative justice, which forms the basis
of the work of the Yots, is relatively new in the UK, and
is based on the premise that it is more beneficial to
society to order the offender to make reparations to the
victims of their offences than to send such young persons
to prison. The Yots must assess the youth and their
families, and within 15 days a community panel will be
established for the offending youth and victim to meet
and decide on reparation.
2. NGOs/charities
(a) Young Minds
This organisation has been dealing with children's mental
health issues for the past 10 years. Their work is based
on the philosophy that adults have the capacity to
stimulate children to enjoy good mental health. Their
manifesto lists the following issues:
* Support for parents through a national transition to
a parenthood programme.
* Help for schools to support children with mental
health problems.
* Mental health services for young offenders and those
at risk of offending.
* Comprehensive services to meet the needs of
adolescents.
* Accessible, well co-ordinated emergency services for
young people.
* Greater access to training for those who work with
children and young people.
* Co-ordination across health, education and social
services.
* The provision of well-staffed, specialist children's
mental health services.
* Increased accountability for children's mental
health services.
* An end to the postcode lottery of service provision.
The organisation believes that through lobbying it has
contributed to the launch of a government policy called
"Together We Stand", which covers various sectors. There
has been a move to understanding health as being more
than physical.
Critique of Children's Act
The Children's Act, with its emphasis on children's
rights and parental responsibility, has been an important
breakthrough in their work. However, the organisation is
concerned about the many children being left undiagnosed
and therefore untreated. Studies conducted suggest that
one in four children have a mental health problem, while
specialist services tend to reach only 900 000 throughout
the country. This means that the majority of children in
need of remedial care are not being catered for by the
health care system.
(b) Family Rights Group
Solicitors, social workers and anti-poverty workers
formed this organisation 25 years ago, focusing on the
rights of the family. The organisation was involved in
the drafting of the Children's Act, and it feels very
strongly that the State should only intervene in families
if there is a clear indication that the child is in
danger. They also noted the link between poverty and
childcare problems within families.
The Family Rights Group works towards its aims by:
* Providing an advice and advocacy service for families.
* Undertaking policy and research projects.
* Producing a range of publications, including advice
materials for families and models of good practice.
* Providing training and consultation for local
authorities and voluntary agencies.
* Campaigning for changes in legislation, policy and
practice that support the concept of "working in
partnership".
Critique of Children's Act
While noting that the Children's Act is an example of
innovative legislation, this organisation expressed
reservations. The legislation needs to place children in
the context of their families, and the rights of families
must be respected. Similarly, the organisation feels that
there is an over-emphasis on child protection, which
gives social services strong investigative powers,
sometimes at the cost of the family. In addition, the
mechanisms to ensure partnerships between different arms
of government, service providers and families have not
been sufficiently developed.
3. Children in Crisis
This organisation targets four- to 11-year-olds with its drug
education programme. They had previously worked with 11 to 18
year olds, but had found the impact of their message reached
this group too late. They have a holistic approach that
focuses on social, health and personal development. Teachers
are closely involved and are trained and provided with
resources by Children In Crisis. In addition, they work
directly with local authorities and social services.
Internationally, they work in six countries where children are
in crisis situations. These countries do not have legislation
pertaining to children, but most have ratified the UNCRC.
Their work in these countries is based on the rights set out
in the UNCRC, while at the same time respecting the
legislation and culture of those countries.
Critique of Children's Act
The organisation sees the Children's Act as enabling
legislation, but feels that it still has some gaps, especially
with regard to the issue of child soldiers. Children as young
as 16 are able to enlist in the army, but are only considered
majors at the age of 18 years. They feel this contravenes the
UNCRC and international labour law.
4. National Society for Prevention of Cruelty to Children (NSPCC)
This charity was established in 1884 and is the only
organisation that has the right to remove children from their
homes in the case of suspected abuse. They have a 24-hour
helpline, which they run in conjunction with Childline. In
addition, the NSPCC has a database of social services and is
able to contact service providers directly.
The organisation has gained public trust, as members of the
public would rather contact the NSPCC than Social Services.
They also conduct a range of professional and public awareness
programmes about child protection, particularly in relation to
parenting advice and the responsibility of the whole community
for the care and safety of children.
In 1999 the NSPCC launched a campaign, Full Stop, in
collaboration with two other charities, Barnados and the Child
Poverty Action Group. The organisation's Public Policy
Department contributed to much of the thinking behind the
Children's Act, and together with a consortium of 10
organisations lobbied over the contents of the Family Law Act,
1996. It has also campaigned extensively for changes to the
criminal justice system.
Among the amendments successfully lobbied for, was one in the
Criminal Procedures and Investigations Act, 1996, which allows
children to give evidence by video, including during cross-
examination. The NSPCC was also a leading supporter of the
Protection of Children's Act, 1999, which was developed to
ensure that paedophiles were prevented from working with
children. It requires childcare organisations in England and
Wales to provide the Department of Health with details of
anyone known to them who is suspected of harming children or
putting them at risk.
5. Barnados
It is the UK's largest children's charity, supporting over
50 000 children and their families through more than 300
projects in England, Northern Ireland, Scotland and Wales.
Their belief is that the lives of all children should be free
from poverty, abuse and discrimination, and they use their
expertise and knowledge to campaign for better care for
children and to champion for the rights of every child. Their
work focuses on what they regard as the vital components that
make for a happy, healthy childhood, under which a family can
cope, protecting children from harm, providing for their
emotional, physical and mental health needs, creating a sense
of belonging in the community, and giving them opportunities
to learn and take their rightful place in society.
Barnados works with the most disadvantaged children to ensure
that their vital needs are met. Although the organisation's
history is closely tied to residential care, there is a strong
feeling now that children are best cared for within the
family. Homes require suitable staff that will benefit
children and are relatively expensive to manage. Only in
extreme cases are children institutionalised, and there are
currently about 7 000 children in residential care. They feel
that the opportunities for looked after children (a term used
in Britain to refer to children looked after by the state need
to be improved.
Critique of Children's Act
With reference to current children's legislation in the UK,
Barnados noted that while the Children's Act gave some
expression to the UNCRC, there were some provisions that were
not adhered to, such as the status of asylum-seeking children
and the aspect of corporal punishment. In general, however,
they maintained that the Children's Act allowed for children
to be seen as individuals with their own rights within the
context of their families.
The organisation believes that too much emphasis and resources
are placed on the investigation of child abuse, and that more
attention should be given to a resolution of emerging problems
before a formal investigation. Furthermore, the sentiment was
expressed that often children who are removed from abusive
situations are exposed to abuse from incompetent and poorly
trained staff in care institutions.
The organisation expressed the sentiment that resources will
be utilised more effectively in preventative programmes,
rather than focusing too strongly on looked after children in
the care system. The latter option is also considered a very
expensive one.
6. Children's Society
The Children's Society works throughout England and Wales on
over 100 projects, aiming to build safer communities and
seeking to develop them. They focus on projects that are not
covered by government policies, such as the effect of domestic
violence on children.
The organisation concentrates its resources on tackling the
root causes of the problems these children and young people
face. Their Social Policy Unit collaborates with MPs,
Ministers and departments, as well as professional networks,
to research and advise on key issues of concern to children
and young people. These issues cover broad policy areas such
as children's health, children's rights and participation,
poverty, social exclusion and youth justice. The Social Policy
Unit is currently operative in the following areas:
(a) Children's Fund: This fund is part of the governments'
strategy to tackle child poverty and social exclusion,
and aims to provide additional resources to complement
the work of mainstream services or specific initiatives.
(b) Children's Rights: The organisation is writing a report,
asking children and young people what they think about
their rights in England and Wales.
(c) Child Poverty: This is addressed through campaigning and
lobbying, both as an individual organisation and as part
of the End Child Poverty Coalition.
(d) Young Runaways: The organisation has campaigned for the
rights of children who run away from, or are forced to
leave, home or substitute care. They are currently
working with the government on developing a national
strategy for the UK's 100 000 young runaways.
(e) Health: The Social Policy Unit, together with a consortium
of charities, have produced an analysis of Health
Improvement Programmes across England to assess the
impact of the emphasis being placed on children and young
people's health.
(f) Youth Justice System: The Children's Society is working to
make the youth justice system more child-focused and more
effective at solving the problems of youth crime.
According to Tough Justice, a recent report on young
people in prison produced by The Children's Society, over
half of all young people in prison have a diagnosable
mental illness. The report calls for an immediate end to
remand in custody for 15- and 16-year-olds and a
reappraisal of the policy of incarcerating children and
young people in trouble with the law. The Children's
Society opposes all use of prison custody for persons
younger than 18.
Critique of Children's Act
While the children's legislation sets the framework, the
organisation believes that the manner in which the Act is
operationalised, may not deal effectively with the problems.
While they recognise the need for statutory interventions,
they emphasise the importance of community involvement, as
members of the community have more intimate contact with
children than professionals. The organisation therefore
acknowledges the importance of working with communities and
other agencies to protect children and young people from harm
and to promote their welfare.
7. National Children's Homes (NCH)
The NCH was founded in 1869, and run over 460 projects in the
UK, supporting more than 89 000 children at risk, vulnerable
young people and families in need of support.
Although the NCH believes that children are best cared for by
their families, for some children this is not possible, and
therefore the organisation offers a range of alternatives.
They run a few small residential homes, where each child has
an individual care plan that focuses on their individual
needs. They are also registered as an adoption agency and find
foster and adoptive families for hundreds of children each
year. In addition, they run specialist education services for
children, which follow the national curriculum.
The NCH was one of the first charities to set up a network of
projects, offering therapeutic support for sexually abused
children and their non-abusing relatives. Their children's
rights services encourage children to speak out about the
services they receive and the issues that affect their lives.
In the same way as the other charities, the NCH lobbies
government about its policies and proposed legislation. These
interventions range from conferences around an issue to
submissions to select committees, expert briefings and
advocacy work. They also focus on making their opinion heard
by individual MPs.
Critique of Children's Act
When looking at the Children's Act and considering whether it
adequately addresses the UNCRC and children's rights, the NCH
feels that while the legislation sets sound principles, the
"Quality Protects" document specifies the foundations for the
realisation of children's rights. They note that guidelines
are often taken less seriously than legislation, are open to
interpretation and will vary, depending on the area in which
people live. A further comment was that the principle that
children's rights be paramount, should be extended to all
other legislation that affects children.
The NCH further feels that the legislation does not adequately
address the needs of poor children - children in need, as
contemplated in section 17 of the Children's Act. The
organisation therefore devotes the bulk of its services to
supporting family life and helping children to reach their
full potential, especially in the context of families who face
social exclusion through poverty. The NCH's family centres
offer parenting skills, playing and development opportunities
for their children. Their community centres provide a
community network, advice and, in some cases, credit unions
and food co-operatives, all of which attempt to place a strong
emphasis on preventative work with families at risk.
H. Implications for South Africa
In considering the content and merits of the discussions held with
the different organisations, the Committee has identified numerous
issues that must be considered in view of forthcoming legislative
proposals from the SA Law Commission. Some of the issues include
principles that must inform the development of legislation, while
others address provisions that must give effect to the identified
principles. Financial considerations also merit special attention,
as this issue was consistently raised by all the organisations
working in the areas of children's rights and protection.
1. Issues for consideration
(a) Principles
* It is important to consider the weight that is
attached in a children's statute to the issue of child
protection and statutory intervention. While this is
clearly a critical area, due consideration must be
given to promoting and supporting healthy children and
their families. Thus, there must also be a focus in
legislation on prevention and early intervention
activities. In giving effect to the Convention on the
Rights of the Child, national legislation must be
comprehensive insofar as it gives effect to all the
rights that children must enjoy.
* A strong emphasis on child protection and statutory
intervention is likely to result in large numbers of
children being in the care system. Cognisance must be
given to research in Britain, that highlights that
children in care have consistently poorer outcomes than
those not in care. These apply to social, emotional,
health and education indicators. Consideration must be
given to such research findings in evaluating
legislative proposals.
* It is necessary to ensure that the principle of
"children first" must inform all legislation that
affects children. Consideration must be given to the
way in which comprehensive childcare legislation will
facilitate this principle being operationalised and
given effect to in other legislation that affects
children.
* The need to extend existing legislation to include
young people up to the age of 21 years. There is a need
in legislation to protect individuals who want to
continue with their studies in their quest to become
mature and responsible adults. Particular attention
must be given to children in care whose activities may
exceed those that are appropriate for their age.
* Careful consideration must be given in legislation
to duties conferred and powers given to those agencies
tasked with child protection. The rights of the child
to protection, support and development must inform
these decisions.
* It is necessary to duly consider those provisions
that are included in the statute, and those in
regulations. Furthermore, where intersectoral roles and
responsibilities are delineated, it may be worthwhile
to include these in the legislation, as it places
statutory responsibilities on the responsible agencies.
* Children's protection and the establishment of their
well-being has historically been considered the
preserve of the social development sector. It must be
recognised that all sectors must support children's
development, as this is integral to human development.
Due consideration must be given to the duties that all
government departments have in being responsive to the
needs of children, as they traverse all sectors. It may
be necessary in a children's statute to consider
placing statutory responsibilities on government
departments to develop policies and programmes that
target the protection and well-being of children.
* While the law is able to establish a framework for
the protection and development of children,
consideration must be given to the ways in which this
framework is applied in practice. This includes
mechanisms for implementation as well as censure where
children's rights are violated. Consideration must
therefore be given to the institutional arrangements
that can facilitate good practice in respect of
children.
* In giving effect to the principle of participation
by children in decisions that affect their lives,
careful thought must be given to the ways in which such
participation is facilitated and implemented.
(b) General Provisions
* Very careful consideration must be given to the most
suitable implementing agencies rendering services to
children and their families. British practice has
established local authorities as the most appropriate
vehicle for delivery, as it is at the local level that
resources can be mobilised to effect intervention and
prevention in children's lives. It is also at this
level that maximum effect can be given to the principle
of intersectoral collaboration.
* Thought has to be given to the family as the context
in which many children live. There may thus be a need
to consider the provision of family services within the
statute. There is an inherent danger in legislation
that is very strongly focused on child protection, to
pay less attention to the family.
* It is necessary to undertake a thorough review of
all legislation affecting children, as well as
envisaged provisions in the legislative proposals that
will have an impact on other sectoral responsibilities.
Careful consideration must be given to such provisions,
as the principle children's statute must bear direct
relevance to all other provisions that affect children.
* In establishing family courts, it is necessary to
ensure that one judge presides over all proceedings
affecting children, as such consistency is important in
developing the trust of children and their families in
the judicial process.
* Attention has to be paid in legislation to the issue
of kinship placements. Specific discussions need to
consider what role the State should play in supporting
relatives who are looking after children. The form that
such State support should take, also requires due
consideration.
* On the issue of adoption, discussions must be
conducted that focus on the role of adoption in social
development policy - specifically, the conventional
practice of adoption as a placement option for a child
who may be in need of care. It must be considered
whether the practice of severing biological ties may
not be misguided, as such severance may in fact not be
in the best interest of the child. It has been
suggested that children form lasting familial
attachments, and severing these do more harm than good.
Severing of biological ties must be interrogated in
respect of whose best interest is being served in
severing such ties.
* With regard to implementation, it is necessary to
review the current service delivery paradigm operative
within the domain of children's services. It may be
necessary to consider a mix of social service delivery,
including the voluntary sector, without undue
dependence on the statutory sector. Such provisions are
directly related to a well-defined balance between
preventative and promotive services, and statutory
intervention in the lives of children and families.
* In view of South Africa's policy focus on family
preservation, it may be advisable to consider the
issues of parenting skills as a mandatory requirement
in all programmes targeting children and families. This
should apply to the State and the voluntary sector.
* It may be worth considering the emphasis in British
legislation on partnerships in endeavouring promoting
children's rights. Such partnerships may include the
different levels of government, as well as those with
the not-for-profit and private sectors as well as
communities.
* Given the current realities of poverty and HIV and
AIDS, legislative provisions must attempt to challenge
and address conventional practices in the area of
childcare, as well as conventional models of care.
Practice needs to be guided by the best interest of the
child, in the context of material conditions that exist
in this country.
(c) Financial Considerations
* Envisaged children's legislation must be thoroughly
costed before enactment, as cost determines the success
of implementation. A cost-benefit analysis may also be
very appropriate in this regard.
* Any children's legislation needs to be adequately
resourced to ensure that it is fully implementable.
Lack of resources can seriously undermine the impact of
the most well-intended legislation.
* Resources must be allocated to preventative and
promotive initiatives in the lives of children and
families. With a strong focus on child protection,
resources can quite easily be targeted at state
intervention and subsequent residential care
activities. The British experience indicates that money
spent in the care system seems not to be yielding
expected benefits, as children in the care system
generally have poorer outcomes.