Top: Marcy Pereira, chairlady SAAM. Bottom: Ronel Van Zyl SALRC

Bottom :Ronel Van Zyl was the guest speaker at SAAM end of the year seminar.

 

Ronel spoke of the importance of mediation relating to the new Children Act.

COMMENCEMENT OF CERTAIN SECTIONS OF THE CHILDREN’S ACT, 2005

(ACT No. 38 OF 2005)

 

It is proposed that the following sections of the Children’s Act, 2005 be operationalised on 1 July 2007:

 

SECTION   HEADING

 

1      Interpretation

2      Objects of Act

3      Conflicts with other legislation

4      Implementation of Act

5      Inter-sectoral implementation of Act

6      General principles

7      Best interests of child standard

8      Application

9      Best interest of child paramount

10    Child participation

11    Children with disability or chronic illness

13    Information on health care

14    Access to court

15    Enforcement of rights

16    Responsibilities of children

17    Age of majority

18    Parental responsibilities and rights

19    Parental responsibilities and rights of mothers

20    Parental responsibilities and rights of married fathers

21    Parental responsibilities and rights of unmarried fathers

27    Assignment of guardianship and care

30    Co-holders of parental responsibilities and rights

31    Major decisions involving child

35    Refusal of access or refusal to exercise parental responsibilities and rights

36    Presumption of paternity in respect of child born out of wedlock

37    Refusal to submit to taking of blood samples

38    Effect of subsequent marriage of parents on child

39    Rights of child born of voidable marriage

40    Rights of child conceived by artificial fertilisation

130  HIV-testing

131  HIV-testing for foster care or adoption purposes

132  Counselling before and after HIV-testing

133  Confidentiality of information on HIV/AIDS status of children

134  Access to contraceptives

305  Offences

307  Delegation of powers and duties by Minister

308  Assignment of powers and duties by Minister

309 Delegation of powers and duties by MECs for social development

310 Delegation of powers and duties by Director-General

311 Delegation of powers and duties by provincial heads of social development

313 Amendment of laws

314 Transitional matters

315 Short title and commencement

 

SCHEDULE 4   LEGISLATION REPEALED

 

2^nd item   General Law Further Amendment Act, 1962

3^rd item   Age of Majority Act, 1972

5^th item    Children’s Status Act, 1987

7^th item    Guardianship Act, 1993

9^th item    Natural Fathers of Children born out of Wedlock Act, 1997

 

The above-mentioned sections do not need regulations in order to be operational and their early commencement has no financial implications for the State.