The Gauteng Department of Social Development recently conducted a two-day provincial workshop aimed at equipping social workers with the necessary skills to navigate the amendments to the Children’s Act concerning guardianship.
The event took place at Emperors Palace in Kempton Park and focused on the implications of the revised legislation.
A guardian, defined as an individual responsible for the care and protection of another person, holds the authority to make legal decisions on behalf of that individual and manage their property.
ALSO READ: Gauteng Social Development embarks on crusade for drug rehabilitation
The Children’s Act asserts that the best interests of the child are paramount, and the courts are empowered to appoint a legal guardian when necessary.
Previously, this responsibility was solely under the jurisdiction of the High Court, but the recent amendments now allow the Children’s Court to make such appointments, broadening the scope for social workers and others to advocate for children’s well-being.
Chief director of social welfare and specialist services at the Gauteng Department of Social Development, Tebello Mkhonto, emphasised the importance of the training.
“Previously, we were not dealing with guardianship; it was a matter that was dealt with at the high court level. The Children’s Act now allows lower children’s courts to address guardianship issues.”
Mkhonto elaborated on the training’s purpose as a means to empower social workers to effectively implement the amended Act.
ALSO READ: Violence against children condemned by Gauteng Department of Social Development
Magistrate Teresa Horne provided valuable insights into the concept of guardianship, stressing the significance of Section 28 of the Constitution, which focuses on the special protections afforded to children.
“A true character of society is revealed in how it treats its children,” she quoted former president Nelson Mandela, underscoring the critical need to safeguard the rights of the most vulnerable members of society.
Horne discussed parental rights and responsibilities, breaking them down into maintenance, guardianship, care, and contact as outlined in Section 18(11) of the Children’s Act.
Fortunate Mongwai from the Centre of Child Law at the University of Pretoria presented challenges related to the Birth and Death Registration Act concerning undocumented children.
He highlighted ongoing issues related to migration, access to resources, and parental rights and responsibilities, stating, “We often find ourselves conflicted when we receive reports from social workers that are not comprehensive.”
Mongwai noted the complexities of working with various categories of children, including unaccompanied migrant children, abandoned minors, and refugees, emphasizing the need for thorough reporting by social workers.
The two-day workshop successfully enhanced the skills of social workers and other implementers of the Children’s Act, ultimately benefiting children in need of care and protection.
