The portfolio committee on Social Development was briefed on 6 October by the Department of Social Development on amendments contained in the Children’s Amendment Bill. The Bill seeks to provide a comprehensive legal solution for specific challenges in relation to foster care. There are also significant proposed amendments impacting adoptions. According to a media statement issued by the parliamentary communication services, concerns were expressed with the way certain clauses, including a clause on adoption processes, were explained. The Department has been requested to provide a more detailed briefing on these sections.

Opportunity will be provided for public comments on the bill from 16 October to 27 November 2020. NACSA will be making a written submission in collaboration with key stakeholders in the sector.

Should you be interested to get involved or to make a written submission, please read the NACSA position paper posted below. This paper aims to contextualise adoptions and provides an explanation of the key issues pertaining to adoption, while proposing alternatives to these amendments.

You can your send your submission to: Ms Lindiwe Ntsabo at childrens-amendment-bill@parliament.gov.za Please note the cut off date for written submissions is 27 November 2020. The more submissions in relation to key provisions, the more likely they may change the amendments

Please feel free to email us on info@adoption.org.za if you would like to have more information or to confirm your support of our position. Please consider joining the Coalition as this is when having a collective voice for adoption is so crucial.

To read the revised Bill and follow the process see: https://bit.ly/34bNZzX

Childrens Amendment Bill

Adoption and the Children_s Amendment Bill- NACSA POSITION PAPER

Call for submissions

Annexure F Memorandum of Objects of the CABill 28 January 2019

NACSA submission to parliament

The truth behind SA’s shocking child abandonment statistics

What to expect from the controversial Children’s Amendment Bill

 

Robyn Wolfson Vorster • 1 March 2020

In a country where adoption numbers are low and declining, KwaZulu-Natal, the province with the largest number of orphans, is also the one with the fewest adoptions. In 2016, only eight were granted. Children have languished in care for years waiting for adoption placements. But now a landmark high court decision will change that.

Daily Maverick – https://www.dailymaverick.co.za/opinionista/2020-03-01-adoption-landmark-court-ruling-gives-hope-to-kzns-vulnerable-children

 

Dear NACSA Members,

CASE NUMBER D4680/2018 IN THE MATTER OF
NATIONAL ADOPTION COALITION OF SOUTH AFRICA
vs KZN DEPARTMENT OF SOCIAL DEVELOPMENT (DSD)

On 1 November 2019 the National Adoption Coalition of SA assisted by the Centre for Child Law at the University of Pretoria challenged the delays experienced by adoptable children in KZN in the Durban High Court. Advocate Deborah Ainslie of Artium Advocate Chambers have been instructed in this matter by the Centre for Child Law. The application was opposed by the Department of Social development. Judgement was handed down by Judge Rishi Seegobin on 25 February 2020.

In summary the case related to serious delays experienced in the issuance of Section 239 letters  by the KZN Department of Social Development(DSD).These delays in many instances prevented adoptions from proceeding by  the Department’s failure to make a decision and preventing  the Children’s Court from considering the adoptions.

The judgment handed down was the relief that was requested by the applicants and declares that the current process followed in respect of consideration section 239 applications is infringing on the rights of the adoptable children, the birth parents and the prospective adoptive parents. It provides for tight timelines for DSD to process all the outstanding adoptions within 30 days. The Order directs that proper consideration of relevant factors be undertaken, a change from the past decision making. It includes other relief, some more ‘technical’ – a structural interdict / supervisory order, but includes the provincial policy must be amended, the ‘expert’ panel composition and meetings changed and DSD report to progress to the Court every 6 months.

Although this judgement is not binding on other cases it does provide a precedent and can be referred to as such.

The judgement will be uploaded to our website www.adoptioncoalitionsa.org
View Judgement

 

Katinka Pieterse

Chairperson NACSA