Page 120 - DSD ANNUAL REPORT 2022-2

PART C: GOVERNANCE

DATE OF THE PURPOSE OF THE RESOLUTIONS AND RECOMMENDATIONS
MEETING MEETING
12 May 2021 Children’s • The National House of Traditional Leaders presented an oral representation to the Committee
Amendment Bill: based on their written submission. Issues around male and female circumcision were outlined
public hearings as well as guardianship, rights of unmarried fathers and female virginity testing were presented.
day 2 • The Children’s Institute presented to the Committee. The presentation focused on the foster care
crisis, the backlogs, duration of alternative care orders, prevention of regressive actions and rights
of unmarried fathers. Proposals were made to strengthen the certificate process as well as issues
around corporal punishment.
• The Centre for Child Law presented their presentation to the Committee. Corporal punishment
was outlined in terms of the Bill and proposed amendments were made in this regard. Children’s
privacy was discussed and various proposed clause amendments were outlined.
• The Department of Basic Education presented to the Committee. Amendments were suggested in
relation to chapters five and six of the Bill specifically. Various proposed changes to the Bill were
presented to the Committee.
• The Western Cape Forum for Intellectual Disability presented to the Committee. Key problems
were outlined as well as the absence of the mention of special care centres in the Bill. Various
recommendations and suggestions were presented regarding a number of clauses.
• Bayakhanya Foundation presented to the Committee. The best interests of the child were
presented as well as timeframes relating to children in the alternative care system. The law and
policy mandates were outlined. Further issues around the Bill were presented.
• Wandisa Specialist Child Protection and Adoption Agency presented to the Committee. The focus
of the presentation was on the proposed priorities of the Bill, reunification, return and integration
to families as well as unification through adoption.
• The Centre of Social Development at Rhodes University presented to the Committee. Various key
points were presented and elaborated on, specifically the proposal for a differentiated approach,
infrastructural support, responsibilities relating to health and safety and the simplification of the
registration process.
• The Equal Education Law Centre presented to the Committee. Problematic amendments were
presented as well as proposed recommendations per clause.
• The South African National Civic Organisation presented to the Committee. The presentation
focused on foster care, general observations and the key issues that were raised in their submission.
• Jelly Beanz presented to the Committees. Various observations were outlined, corporal punishment
was discussed and issues around offender registers and fathers rights and responsibilities were
presented.
• The National Adoption Coalition of South Africa presented to the Committee. A brief overview was
given, as well observations relating to the adoption process, implications of delays and proposed
amendments.
• Abba Specialist Adoption and Social Services presented to the Committee. Key problem areas
were outlined as well as the impact of the amendments, prevention of improper financial gain and
accreditation.
• The Committee highlighted the impact of the delays on children that resulted from the system. It
was suggested that safe abandonment be considered. It was suggested that timeframes needed
to be built into the Bill. It was noted that there seemed to be a ‘anti-adoption’ sentiment in the
Country. The Committee appreciated the first-hand accounts and comparisons. It was suggested
that the Committee visit the Walter Sisulu Child and Youth Care Centre. Issues around age of
maturity were noted. The gap between legislation and implementation was emphasised as a
significant issue.
13 May 2021 Children’s • The Committee conducted public hearings on the Children’s Amendment Bill. Presentations were
Amendment Bill: received from the Association for Social Workers in Private Practice; Fathers 4 Justice; Sonke
public hearings Gender Justice; Solidarity Guild for Social Workers; Cause for Justice; Women’s Legal Centre; and
day 3 the Catholic Institute for Education, among others.
• The organisations made recommendations for changes and clarifications in some sections of the
Bill. Some of the organisations advocated for the rights of fathers. They claimed that there were
injustices in divorce proceedings that discriminated against fathers having access to their children
and exercising parental rights and responsibilities.
• The Committee heard that many early childhood development centres and facilities are under-
resourced and in a very bad state. Adequate support needed to be provided to teachers at these
centres.
• The Committee heard that intersex corrective surgery on children was a human rights violation
tantamount to genital mutilation and that it was necessary for children to give informed consent
to such procedures.
• Concerns were also raised about measures dealing with the marriage of children.

120 DEPARTMENT OF SOCIAL DEVELOPMENT ANNUAL REPORT 2021/22