Page 125 - DSD ANNUAL REPORT 2022-2

PART C: GOVERNANCE

DATE OF THE PURPOSE OF THE RESOLUTIONS AND RECOMMENDATIONS
MEETING MEETING
25 March Children’s • The Committee received a briefing from the Department of Social Development on its response to
2022 Amendment Bill: the public submissions received on the Children’s Amendment Bill
DSD response • The Committee agreed to get legal advice on the deletion of prescribed adoption fees and on the
to submissions matter of corporal punishment. In addition, it supported a proposal to arrange a session with an
from stakeholders expert to brief the Committee on the issue of Baby Savers relating to the abandonment of babies.
continued • The Department presented the responses continuing from Clause 67. The following key issues
were emphasised:
• Clause 109: Section 215 of the Act provides that the MEC may prioritise the funding of drop-in
centres. The proposed amendment seeks to replace ‘may’ with ‘must’.
• The Department did not support the amendment because funding to provide shelter, food and
other basic necessities depended on the availability of the budget and should therefore not be
made compulsory.
• Clause 139: Section 279 of the Act deals with a legal representative of a child in terms of the
Hague Convention on International Child Abduction.
• Clause 147: Section 312 of the Act provides that the MEC may enter into an agreement with a
designated child protection organisation or a person on an agency basis in the relevant province.
• The Department did not support the proposal that reference should also be made to the provincial
HOD as the clause provides for the MEC to delegate powers and duties to any person, who may
include the HOD.
• Clause 6: Section 12 of the Act is intended to align the prohibition of genital mutilation with the
new definition and to prohibit any marriage of a child. The issue of child marriages was raised in
various submissions received from a number of traditional authorities and other stakeholders in
all provinces.
• The Department supported the amendment to include 18 years as the minimum age of consent
to marriage.
30 March Dr Rosenberg • Department of Social Development outlined the core of the presentation. One of the first items
2022 presentation that the Western Cape Commissioner for Children had suggested was the addition of words such
on Baby Savers; as “aftercare,” as shown in the presentation.
Children’s • On insertion 1 (bb), “loving and competent parents, caregivers, legal guardians,” the Department
Amendment recommended that this was best decided by the courts as the definition was subjective and differed
Bill: Motion of from parent to parent and could not be measured.
desirability • The Department agreed with the proposal to amend insertion 18 (3) (c), as it was a consequential
one. It also supported the proposal that “good fathers and good mothers with queer identities” had
to be granted equal parenting responsibilities.
• The Department did not support the insertion of Clause 12 (11), as the Constitutional Court had
already pronounced on it and created a new common law. Other issues where the Department
disagreed with the Commissioner included the Bill’s proposed change in Section 178.

DEPARTMENT OF SOCIAL DEVELOPMENT ANNUAL REPORT 2021/22 125