Children's Act amendments approved

South Africa's Cabinet has approved the tabling of the Children’s Amendment Bill which, for the first time, codifies child marriage and genital mutilation as explicit criminal offences. BusinessLIVE reports that while both practices were previously prohibited under general statutory and constitutional provisions, including the Criminal Law (Sexual Offences and Related Matters) Amendment Act, enforcement has been uneven. By designating these acts as standalone crimes, the Bill seeks to close interpretive gaps and provide prosecutorial clarity. According to the Department of Social Development, the provisions ‘reinforce the constitutional imperative to protect children from harmful practices and ensure uniform enforcement across jurisdictions.’ The Bill proposes extensive revisions to the Children’s Act, addressing longstanding weaknesses in child protection, care and welfare services. It was gazetted for public comment following the Cabinet’s endorsement on 25 September and is expected to be introduced in Parliament during the fourth term. The department said the Bill was a response to ‘persistent implementation failures and emerging social realities,’ including the legal status of baby boxes, the rights of migrant children and the backlog in foster care placements. New definitions clarify statutory obligations, including ‘abandoned child,’ ‘unaccompanied migrant child’ and ‘separated migrant child.’ It prohibits the use of baby boxes as a form of abandonment. It establishes the post of Registrar of the National Child Protection Register and strengthens part A and part B. It imposes mandatory obligations on SAPS, schools, child centres and NGOs to consult the register prior to employment decisions. Jurisdiction of children’s courts is extended to Regional Courts and admissibility of expert reports is clarified to ensure procedural consistency. Regarding adoption, the Bill aligns domestic law with the Hague Convention. Surrogacy provisions are updated to recognise life partnerships and children born via artificial fertilisation are legally deemed children of consenting partners.

Child protection experts, civil society advocates and political leaders are warning proposed legislative changes could increase baby abandonment and endanger newborn lives. According to the Cape Argus, Dr Whitney Rosenberg, co-founder of Baby Saver SA, highlighted the life-saving role of Baby Saver boxes. ‘When a baby comes through the box, our members immediately contact a registered Child Protection Organisation. Our members who operate these savers consist of child and youth care centres, temporary safe care parents and foster parents. Without a safe option, desperate mothers may abandon their babies in unsafe locations,’ she said. Rosenberg emphasised systemic gaps in support: ‘In two separate cases … minors gave birth in clinics and requested adoption … but the nurses insisted they take care of the infants themselves, leaving the mothers with no safe option.’ The warning coincides with the department's proposal to amend the Children's Act to classify any baby safely relinquished through a Baby Saver box as ‘abandoned.’ Critics argue this would criminalise desperate mothers and registered organisations that have saved lives. The DA has opposed the proposed changes. The DA said 'making safe relinquishment and the work of Baby Savers illegal will lead to far greater infant abandonment and needless deaths. We will oppose this amendment in every way possible'.

Full Cape Argus report

Full BusinessLIVE report