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South Africa's new bill will prioritise child rights

• 1996 - decision to review the Child-Care Act of 1983 because of the need to bring all domestic policy and legislation in line with new democratic values, the new Constitution, our International law obligations and the real needs of children in South Africa.


• 1997 - Cabinet instructed the South African Law Commission (SALC) to review and re-write the 1983 Child Care Act.


• 1998 - Issue Paper published.


• 1998 - 2001 - further research and consultations.


• 2001 - publication of a Discussion Paper.


• 2001 - 2003 - further research and consultation.


• January 2003 - Final Report and Draft Bill handed over to the Department of Social Development.


• March 2003 - Department of Social Development sets up an Inter-Departmental Steering Committee to steer the process. Commencement of a process of discussions with all the affected government departments - including Local Government, Education, Health, Correctional Services, Safety and Security, and Justice.


We know that the Department of Social Services would like to conclude this process as speedily as possible, but anticipate that it might take some time to do so.

What will happen next?

• Conclusion of discussions and negotiations with affected government departments.


• Writing of a new draft of the Bill, incorporating the concerns and comments of these departments.


• Publish the Bill for comment in the Government Gazette and request written submissions from civil society organisations (quite a bit of time needs to be given for this as the Bill is close to 300 pages long and parts of it are rather technical).


• Consideration and incorporation of these submissions where appropriate.


• Present new Draft Bill to Cabinet for approval.


• Bill will be sent to the State Law Advisors.


• Bill tabled in Parliament.


• The Portfolio Committee on Social Development will then take the process forward through a series of briefings, public hearings and committee discussions. Other parliamentary committees may also be involved due to the inter-departmental nature of the Bill.


• Another opportunity for civil society to engage with the Bill through making oral and written submissions to Parliament.

After hearing these submissions, Parliament has the power to change the Bill to incorporate the concerns raised by civil society and the members of parliament.
The final Bill, as proposed by the Portfolio Committee on Social Development and the Social Services Select Committee, will be voted on and passed by Parliament.

• Bill sent to the President for signing into Law. It will then become the Children's Act.


• Allocation of a budget, setting up the necessary structures, appointment and training of new staff, and drafting the regulations by the Department of Social Development.


• Implementation of the Act will be implemented. Implementation will in all likelihood happen in phases.


• The Portfolio Committee for Social Development has already started grappling with the draft Bill and will continue to do so while waiting for the final version to be tabled in Parliament. We anticipate that the Bill will finally be passed and implementation begun in 2 to 4 years.
  
  There are several factors which could either speed up or delay the passage of the Bill through these processes:-
  
  Because the draft Bill envisages many changes that will impact on all government departments, it will require a commitment from all of them to put plans and resources in place to implement the Bill. The Minister of Social Development and the Portfolio Committee for Social Development are committed to the principle of children first and they want the Bill processed in 2003 - this could speed up the process.
  
  The Bill has yet to be costed and this will delay the passage of the Bill unless the costing and cabinet approval processes run parallel to each other.
  
  2004 is an election year, and this could either speed up or delay the passage of the Bill. The urgency of delivery ahead of the election could mean that children's rights are prioritised and the passage of the Children's Bill is promoted. Conversely, if the Bill does not make it to Parliament by September 2003, it could be held back to prevent its passage being split between the old Parliament and the new Parliament that comes into office in April 2004.
  
  Public pressure could help prioritise the passage of the Bill. To achieve this, it will be helpful if civil society organisations work together to ensure that their opinions, evidence and experiences are heard by the decision-makers and the media. A National Working Group, which has representation from key child sector alliances and umbrella organisations, was established at a civil society workshop held in Cape Town in March 2003. This Working Group will be promoting opportunities for broader civil society participation in the law reform process.
  
  For further information, please contact either Paula Proudlock (Children's Institute, UCT) at [email protected] or Carol Bower (RAPCAN)at [email protected]
  
  A draft edition of the bill is available on the www.childrenfirst.org.za website. For direct access to the webpage, click on the link in the righthand column.