ATC231206: Report of the Portfolio Committee on Social Development on the Children’s Amendment Bill [B19 - 2023], dated 29 November 2023
Social Development
Report of the Portfolio Committee on Social Development on the Children’s Amendment Bill [B19 - 2023], dated 29 November 2023
The Portfolio Committee on Social Development (the Committee), having considered the Children’s Amendment Bill [B19 - 2023] (National Assembly – section 76), referred to it and classified by the Joint Tagging Mechanism (JTM)as a section 76 Bill, reports as follows:
The Children’s Amendment Bill [B 19 - 2023], a Private Member’s Bill (“the Bill”), was tabled and referred to the Committee on 13 July 2023. On 15 November 2023, the Committee invited the sponsor of the Bill, Ms Masango, MP, to brief the Committee on the Bill.
The Bill seeks to amend the Children’s Act, 2005 (Act No. 38 of 2005), so as to insert a new definition for a new type of care; to provide that micro-partial care is provided when a person takes care of six or less children on behalf of their parents, guardians and care-givers during specific hours of the day or night, or for a temporary period by agreement; to regulate micro-partial care; to provide for matters relating to micro-partial care and micro-partial care facilities; to provide for further exclusions from what partial care entails; and to provide for matters connected therewith.
On 15 November 2023, the Committee also received a presentation from the Department of Social Development who provided their views and responses pertaining to the proposed Bill. Following this presentation, the Committee held a further meeting on 22 November 2023, where it was briefed by the Department of Social Development on the costing of the Bill.
Having deliberated on the briefings and the presentations received, the Committee adopted a motion that the proposed legislation is not desirable at this stage due to the following reasons.
- The aspect of extending partial care for six or less children is included in clause 34 of the Children’s Amendment Bill [B18 – 2020] (i.e the Bill that was introduced by the Executive), which forms part of all the remaining clauses that the Committee has deferred to the 7th Parliament to deal with. This aspect can then be dealt with as part of a more comprehensive Bill.
- The Committee will also not have sufficient time to process the Bill as it is in the process of considering the Older Persons Amendment Bill and Parliament is left with only two weeks before it adjourns. In 2024, Parliament will also go on recess early for the general elections.
- The Department of Social Development may face implementation challenges due to financial and human resource constraints, namely a lack of funding to employ social workers to conduct the registration and inspection of the proposed micro-partial care facilities as well as the general implementation of the Bill.
While the Committee, however, supported the contents of the Bill as it seeks to further strengthen protection of children, the Committee is of the opinion that it should not proceed with the proposed legislation due to the above-mentioned reasons.
The Committee extended its gratitude to Ms Masango for sponsoring the Bill as it sought to further strengthen protection of the children’s rights, which is one of its primary responsibilities.
Report to be considered.