Question NW264 to the Minister of Social Development

Reply:

According to the Children’s Act 38 of 2005; Section 151 and 152, as well as Regulation 53 (1)(a)(b) gives the authority to the designated social worker or a police official to make a decision that is in the best interest of a child to effect removal of a child and places such a child in temporary safe care for the safety and well-being of the child. Such removal can either be by means of:

• A court order (Section 151) where there is evidence given by a designated Social Worker that a child is in need of care and protection. Upon presentation of such evidence before the presiding officer; the presiding officer issues an order authoring a designated Social Worker to remove a child toa temporary safe care while the matter is being investigated.

• Without a court order, which is an emergency removal situation through Section 152 and completion of Form 36 as prescribed in Regulation 53. Emergency removal is done in instances where there are reasonable grounds that the child is in need of care and protection and delays obtaining a court order for the removal and placing the child in temporary safe care may jeopardise the child’s safety and well-being.

The completed Form 36 must be submitted to the temporary safe care person or CYCC as soon as it is practical. The clerk of the children’s court must be informed about such a removal not later than the next court day.

Province	Year	Number of children taken away from their parents
Mpumalanga		Without a court order	With a court order
	2016/2017	27	68
	2017/2018	21	95
	2018/2019	46	88
Free State	Year	Without a court order	With a court order
	2016/17	402	24
	2017/18	432	48
	2018/19	296	70
Limpopo	Year	Without a court order	With a court order
	2016/17	0	245
	2017/18	0	243
	2018/19	0	258
North West	Year	Without a court order	With a court order
	2016/17	0	46
	2017/18	0	51
	2018/19	0	66
Gauteng	Year	Without a court order	With a court order
	2016/17	25	836
	2017/18	16	788
	2018/19	26	953
Western Cape	Year	Without a court order	With a court order
	2016/17	New indicator	1 883
	2017/18	4 694	1 793
	2018/19	8 266	1 949
Eastern Cape	Year	Without a court order	With a court order
	2016/17	0	849
	2017/18	0	653
	2018/19	37	517
Kwa-Zulu Natal	Year	Without a court order	With a court order
	2016/17	112	462
	2017/18	121	658
	2018/19	97	681
Total (eight provinces)		14,619	13,324

Northern Cape:

It is impossible to provide disaggregated data on the removal of children with or without court orders in the Northern Cape. It can be confirmed that the following number of children were removed in accordance with Section 151 and 152 of the Children’s Act, 38 of 2005.

Northern Cape	Year	Number of children removed with and without court orders
	2016/17	134
	2017/18	176
	2018/19	93
Total		403