Parental Rights and Responsibilities in the Children's Bill 70D of 2003

• Jurisdiction: South Africa
• Pages: 482-493
• Citation: (2006) 17 Stell LR 482
• Published date: 27 May 2019
• Date: 27 May 2019
• Author: Elsje Bonthuys

PARENTAL RIGHTS AND RESPONSIBILITIES IN

THE CHILDREN’S BILL 70D OF 2003

Elsje Bonthuys

Associate Professor, School of Law, University of the Witwatersrand

BA LLB LLM Ph.D.

1 Introduction

The original Draft Children’s Bill

1

was based on ambitious recom-

mendations made in the South African Law Reform Commission’s

Report on the Review of the Child Care Act.

2

Since its first presentation to

parliament in October 2002 it has undergone several changes to become

the Children’s Bill.

3

This Bill was passed by the National Assembly in

June 2005 and sent for consideration by the Social Services Committee of

the National Council of Provinces. Even at this late stage of the

legislative process, further public hearings were conducted into several

contentious aspects, including circumcision, virginity testing and children

suffering from HIV/AIDS. On 14 December 2006 the Committee

adopted a ‘‘report on Public Hearings on the Children’s Bill

4

and in

June 2006 the status of the Bill was reflected as being reintroduced in the

National Assembly.

5

There may therefore be further changes to the Bill

before it comes into operation in 2007, as the Department of Social

Services expects.

An important feature of the legislative process which influenced the

contents of the Bill as it currently stands, is the splitting of the original

Draft Bill into two Bills. The current Bill is a so-called section 75 Bill

6

and

deals with issues which fall within national legislative competence.

Remaining aspects of the Draft Bill deal with provincial legislative

competences

7

and have been omitted from the current Bill. The aim is

first to pass the present Bill and thereafter to amend the resulting Act so

as to include both provincial and national aspects of the legislation into a

single statute. The reason is that Bills must deal separately with national

and provincial issues, but Acts may contain both.

8

This is relevant

1

The original and all subsequent versions of the Bill are to be found at www.info.gov.za/documents/

bills/2003.htm accessed 14 June 2006.

2

Project 110 (2002).

3

B70D-2003.

4

See www.pmg.org.za/viewminute.php?id=6842 for the minutes of this meeting. The website was

accessed on 14 June 2006.

5

See www.pmg.org.za/overview/proceed.htm accessed on 14 June 2006.

6

Referring to s 75 of the Constitution, Act 108 of 1996.

7

S 76 of the Constitution.

8

Minutes of the Social Development Portfolio Committee of the National Assembly, 12 November 2003

accessed at www.pgm.org.za/viewminute.php/id=3434 on 12 October 2005.

482

(2006) 17 Stell LR 482

© Juta and Company (Pty) Ltd