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South Africa > Elimination of child labour, protection of children and young persons

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Country: South Africa - Subject: Elimination of child labour, protection of children and young persons

  1. South Africa - Elimination of child labour, protection of children and young persons - Law, Act

    Children's Second Amendment Act, 2016 (Act No. 18 of 2016). - Legislation on-line

    Adoption: 2017-01-18 | ZAF-2017-L-104330

    To amend the Children’s Act, 2005, so as to extend a definition; to insert new definitions; to provide that the removal of a child to temporary safe care without a court order be placed before the children’s court for review before the expiry of the next court day; to provide for the review of a decision to remove a child without a court order; to provide for the provincial head of social development to transfer a child or a person from one form of alternative care to another form of alternative care; to provide that an application for a child to remain in alternative care beyond the age of 18 years, must be submitted before the end of the year in which the relevant child reaches the age of 18 years; and to provide for matters connected therewith.

  2. South Africa - Elimination of child labour, protection of children and young persons - Law, Act

    Children's Amendment Act, 2016 (Act No. 17 of 2016). - Legislation on-line

    Adoption: 2017-01-18 | ZAF-2017-L-104331

    To amend the Children’s Act, 2005, so as to insert certain definitions; to provide that a person convicted of certain offences be deemed unsuitable to work with children; to afford a child offender an opportunity to make representations as to why a finding of unsuitability to work with children should not be made; to provide that the National Commissioner of the South African Police Service must forward to the Director-General all the particulars of persons found unsuitable to work with children; to provide for a child offender to apply in the prescribed manner to have their particulars removed from the Register; to provide for the review of a decision to remove a child without a court order; to extend the circumstances as to when a child is adoptable; to extend the effects of an adoption order by providing that an adoption order does not automatically terminate all parental responsibilities and rights of a parent of a child when an adoption order is granted in favour of the spouse or permanent domestic life-partner of that parent; and to provide for matters connected therewith.

  3. South Africa - Elimination of child labour, protection of children and young persons - Law, Act

    Act No. 9 of 2015: Maintenance Amendment Act, 2015. - Legislation on-line

    Adoption: 2015-09-07 | ZAF-2015-L-100404

    To amend the Maintenance Act, 1998, so as to further regulate the lodging of complaints relating to maintenance and the jurisdiction of maintenance courts; to further regulate the investigation of maintenance complaints; to further regulate the securing of witnesses for purposes of a maintenance enquiry; to further regulate maintenance enquiries in order to make provision for the granting of interim maintenance orders; to further regulate the making of maintenance orders; to further regulate the making of maintenance orders by consent; to further regulate the circumstances in which maintenance orders may be granted by default; to further regulate the granting of cost orders; to regulate the effect a maintenance order made by a maintenance court has on a maintenance order made by another court; to further regulate the transfer of maintenance orders; to regulate the reporting of a maintenance defaulter to any business which has as its object the granting of credit or is involved in the credit rating of persons; to further regulate the attachment of emoluments; to increase the penalties for certain offences; to create certain new offences; to further regulate the conversion of criminal proceedings into maintenance enquiries; and to provide for matters connected therewith.

  4. South Africa - Elimination of child labour, protection of children and young persons - Law, Act

    Act No. 20 of 2013: Basic Conditions of Employment Amendment Act, 2013. - Legislation on-line

    Adoption: 2013-12-04 | Date of entry into force: 2014-09-01 | ZAF-2013-L-97067

    To amend the Basic Conditions of Employment Act, 1997, so as to substitute certain definitions; to prohibit employers from requiring employees to make payments to secure employment and from requiring employees to purchase goods, services or products; to prohibit anyone from requiring or permitting a child under the age of 15 years to work; to make it an offence for anyone to require or permit a child to perform any work or provide any services that place at risk the child's well-being; to provide for the Minister to publish a sectoral determination for employees and employers who are not covered by any other sectoral determination; to provide for the Director-General to apply to the Labour Court for an employer to comply with a written undertaking by the employer; to provide for a compliance order; to delete certain obsolete provisions; to provide the Labour Court with exclusive jurisdiction in respect of certain matters; to provide for certain offences and penalties; to increase the penalties for certain offences; and to provide for matters connected therewith.

  5. South Africa - Elimination of child labour, protection of children and young persons - Law, Act

    The Prevention and Combating of Trafficking in Persons Act, 2013 [No. 7 of 2013]. - Legislation on-line

    Adoption: 2013-07-29 | ZAF-2013-L-93821

    Chapter 1 - Definitions, Interpretation and Objects of the Act
    Chapter 2 - Offences, Penalties and Extra-territorial Jurisdiction
    Chapter 3 - Status of Foreign Victims of Trafficking Required to Assist in Investigations and Prosecutions
    Chapter 4 - Identification and Protection of Victims of Trafficking
    Chapter 5 - Accreditation of Organisations to Provide Services to Adult Victims of Trafficking
    Chapter 6 - Compensation
    Chapter 7 - Return and Repatriation of Victims of Trafficking
    Chapter 8 - General Provisions
    Chapter 9 - Administration of Act
    Chapter 10 - Miscellaneous Matters

    The Act will take effect on a date fixed by the President by proclamation in the Gazette. Different commencement dates may be fixed for different parts of the Act.

  6. South Africa - Elimination of child labour, protection of children and young persons - Miscellaneous (circular, directive, legal notice, instruction, etc.)

    National Child Labour Action Programme for South Africa. Phase 2: 2008-2012. - Legislation on-line

    Adoption: 2012 | ZAF-2012-M-93810

    The second phase of the CLPA, which was adopted by Cabinet on February 2009 covers the financial years 2008/09 to 2012/13 and represents South Africa¿s proposed actions enabling it to reach the 2015 target for eradication of the worst forms of child labour. This report consolidates submissions received from the various national Government departments and agencies which have roles assigned in implementation of the Child Labour Programme of Action (CLPA) 2008-2012. The report concludes with recommendations in respect of steps to be included in the CLPA 2012-2016.

    Introduction
    Action steps listed by Lead Institution
    Overall child labour indicators
    Recommendations in respect of CLPA 2012 - 2016
    Appendix: Applications in respect of children in performing arts

  7. South Africa - Elimination of child labour, protection of children and young persons - Miscellaneous (circular, directive, legal notice, instruction, etc.)

    National Policy Framework for Child Justice, 2010. - Legislation on-line

    Adoption: 2010-05 | ZAF-2010-M-93984

    The National Policy Framework contains the overarching framework for co-ordinated implementation of the Act concerned and will be supported by the directives, instructions, guidelines and circulars of the relevant Government Departments concerned.

  8. South Africa - Elimination of child labour, protection of children and young persons - Regulation, Decree, Ordinance

    Health and Safety of Children at Work Regulations (R No. 7 of 2010).

    Adoption: 2010-01-15 | Date of entry into force: 2010-02-05 | ZAF-2010-R-89778

    Made by the Ministry of Labour on the recommendation of the Occupational Health and Safety Advisory Council. Contains 20 articles. The Regulations either prohibit or place regulations on the work that may be required from child workers. A child worker is defined as any person under the age of 18 years old and who is employed by or works for an employer and who receives or is entitled to receive remuneration; or who workers under the direction or supervision of an employer or any other person (article 1).

    Article 2(4) provides that the regulations are to be interpreted in accordance with the Worst Forms of Child Labour Convention, 1999 (No. 182).

  9. South Africa - Elimination of child labour, protection of children and young persons - Regulation, Decree, Ordinance

    BCEA Regulations on Hazardous Work by Children (No. R 7).

    Adoption: 2010-01-15 | ZAF-2010-R-89779

    Made by the Ministry of Labour on the advice of the Employment Conditions Commission. Implements section 44 and 45 of the Basic Conditions of Employment Act, 1997 (BCEA).

    1. Definitions
    2. Purpose and interpretation
    2(1): The purpose of these regulations is to -
    (a) place conditions on the work that may be performed by child workers who are at least 15 years of age and no longer subject to compulsory schooling in terms of any law;
    (b) prohibit any person from permitting or requiring such child workers to perform particular types of work specified in the regulations...
    3. Access to nutrition, health care and educational services
    4. Work away from parents or legal guardian
    5. Prohibition of piece-work and task work
    6. Maximum daily and weekly working time
    7. Night work
    8. Prohibited work
    9. Worst forms of child labour
    10. Investigation and prosecution of alleged offences concerning worst forms of child labour
    11. Medical examinations
    12. Report to department of social development
    13. Offences and Penalties
    14. Exemptions
    15. Summary
    16. Short title and commencement

    Schedule 1: Hazardous substances and agents
    Schedule 2: Summary of regulations on the health and safety of children at work and on hazardous work by children

  10. South Africa - Elimination of child labour, protection of children and young persons - Regulation, Decree, Ordinance

    General Regulations Regarding Children, 2010. - Legislation on-line

    Adoption: 2010 | ZAF-2010-R-93982

    Chapter 1 - General Provisions
    Chapter 2 - Social, Cultural and Religious Practices
    Chapter 3 - Parental Responsibilities and Rights
    Chapter 4 - Partial Care
    Chapter 5 - Early Childhood Development
    Chapter 6 - Child Protection System
    Chapter 7 - National Childhood Protection Register
    Chapter 8 - Protective Measures Relating to the Health of Children
    Chapter 9 - Other Protective Measures
    Chapter 10 - Prevention and Early Intervention
    Chapter 11 - Children in Need of Care and Protection
    Chapter 12 - Alternative Care
    Chapter 13 - Foster Care
    Chapter 14 - Child and Youth Care Centres
    Chapter 15 - Drop-in Centres
    Chapter 16 - Adoption
    Chapter 17 - Inter-Country Adoption

    ANNEXURE A: CONSOLIDATED FORMS
    ANNEXURE B: NATIONAL NORMS AND STANDARDS

  11. South Africa - Elimination of child labour, protection of children and young persons - Law, Act

    Child Justice Act, 2008 [No. 75 of 2008]. - Act on-line

    Adoption: 2009-05-07 | Date of entry into force: 2010-04-01 | ZAF-2009-L-85627

    Provides for the treatment of children within the penal system. Provides a minimum age for criminal capacity and also measures concerning the detention and placement of children within the justice system.

  12. South Africa - Elimination of child labour, protection of children and young persons - Law, Act

    Children's Amendment Act, [No. 41 of 2007]. - Act on-line

    Adoption: 2008-03-18 | ZAF-2008-L-78544

    Amends the Children's Act, 2005, with respect to: definitions; partial care of children; early childhood development; protection of children; prevention and early intervention; alternative care; foster care; and child and youth care centres and drop-in centres. Also creates certain new offences relating to children.

  13. South Africa - Elimination of child labour, protection of children and young persons - Regulation, Decree, Ordinance

    Basic Conditions of Employment Act: Sectoral Determination 10: Children in performance of advertising, artistic and cultural activities: Amendment (No. R. 1201).

    Adoption: 2006-11-28 | Date of entry into force: 2006-12-01 | ZAF-2006-R-75677

    Amends the application for a permit as set out in the Regulations.

  14. South Africa - Elimination of child labour, protection of children and young persons - Miscellaneous (circular, directive, legal notice, instruction, etc.)

    Code of Good Practice for the employment of children in the performance of advertising, artistic or cultural activities (No. R 479). - Code of Practice on-line

    Adoption: 2005-05-27 | ZAF-2005-M-72320

    Guidelines for employment of children in the performance of advertising, artistic or cultural activities in order to protect them against work that is hazardous or harmfull to their education, health or well being, physical or mental health or spiritual, moral or social development.

  15. South Africa - Elimination of child labour, protection of children and young persons - Law, Act

    Children's Act [No. 38 of 2005]. - Act on-line

    Adoption: 2005 | Date of entry into force: 2010-04-01 | ZAF-2005-L-77167

    Gives effect to certain rights of children as contain in the Constitution. Sets out principles relating to the care and protection of children. Defines parental responsibilities and rights. Makes further provision regarding children's courts. Prohibits child abduction and trafficking and gives effect to the Hague Convention on International Child Abduction and the UN Protocol to Prevent Trafficking in Persons.

  16. South Africa - Elimination of child labour, protection of children and young persons - Regulation, Decree, Ordinance

    Basic Conditions of Employment Act: Sectoral Determination 10: Children in the performance of advertising, artistic and cultural activities (No. R. 882) - Regulation on-line Legislation on-line

    Adoption: 2004-07-29 | ZAF-2004-R-75678

    Establishes the conditions of employment of children engaged in the performance of advertising, artistic and cultural activities in the country.

  17. South Africa - Elimination of child labour, protection of children and young persons - Miscellaneous (circular, directive, legal notice, instruction, etc.)

    National Child Labour Action Programme for South Africa. - Legislation on-line

    Adoption: 2003-10-10 | ZAF-2003-M-93809

    Chapter 1. Introduction
    Chapter 2. The Problem
    Chapter 3. The Initial Response
    Chapter 4. Introducing Policy Proposals
    Chapter 5. Proposed Action - By Type of Work
    Chapter 6. Proposed Action - By Forms of Harm
    Chapter 7. Proposed Action - By Circumstances Increasing Likelihood of Harm

    Annexure A - Action Steps Listed Per Institution
    Annexure B - Institutions Consulted
    Annexure C - List of Schools that Participated in the Policy Process
    Annexure D - Project Document for ILO Funding

  18. South Africa - Elimination of child labour, protection of children and young persons - Regulation, Decree, Ordinance

    Amendment of Regulations under the Child Care Act (No. R. 119).

    Adoption: 1999-02-03 | Date of entry into force: 1999-02-04 | ZAF-1999-R-52335

    Amends the Regulations of 12 December 1986 (G.N. No. R 2612). Includes in the definition of neglect of parental duties the failure to provide for medical expenses of a child. Also amends provisions regarding adoption and registration of children born outside of wedlock.

  19. South Africa - Elimination of child labour, protection of children and young persons - Regulation, Decree, Ordinance

    Amendment of Regulations under the Child Care Act [74/1983] (R. 65).

    Adoption: 1999-01-11 | Date of entry into force: 1999-02-04 | ZAF-1999-R-53880

    Amends Regulations No. R. 2612 of 12 December 1986 so as to include in the definition of failure to discharge parental responsibilities the failure of a father to contribute towards prenatal and delivery care expenses and towards maintenance of his child.

  20. South Africa - Elimination of child labour, protection of children and young persons - Law, Act

    Maintenance Act, 1998 (No. 99 of 1998). - Legislation on-line

    Adoption: 1998-11-19 | ZAF-1998-L-51668

    Amends numerous acts related to child maintenance. S. 15 sets forth the duty of parents to support their children.

  21. South Africa - Elimination of child labour, protection of children and young persons - Law, Act

    Natural Fathers of Children Born out of Wedlock Act, 1997 (No. 86 of 1997).

    Adoption: 1997-11-26 | ZAF-1997-L-49067

    Provides for the access to, custody, and guardianship of children born out of wedlock by their natural fathers. Makes consequential amendments to the Mediation in Certain Divorce Matters Act, 1987, and the Births and Deaths Registration Act, 1992.

  22. South Africa - Elimination of child labour, protection of children and young persons - Law, Act

    Child Care Amendment Act, 1996 (No. 96 of 1996).

    Adoption: 1996-11-12 | ZAF-1996-L-45815

    Amends provisions of the Child Care Act, 1983 relating to, inter alia, adoption of children, registration of shelters, the extension of inspection of children's homes, and medical care of children. A new section provides legal representation for children in certain court matters.

  23. South Africa - Elimination of child labour, protection of children and young persons - Law, Act

    National Youth Commission Act, 1996 (No. 19 of 1996).

    Adoption: 1996-04-16 | ZAF-1996-L-44227

    Establishes a National Youth Commission with the function of developing a national youth plan and provides regulations governing the administration of the Commission.

  24. South Africa - Elimination of child labour, protection of children and young persons - Law, Act

    Mines and Works Amendment Act, 1991. No. 13.

    Adoption: 1991-03-18 | Date of entry into force: 1991-04-03 | ZAF-1991-L-22403

    Amends the Mines and Works Act, 1956, in order to further regulate the circumstances in which women may work at mines or works; to provide for more severe penalties to be prescribed in the relevant regulations for contravention thereof or failure to comply therewith; to increase certain penalties under the said Act; to declare certain negligent acts offences; and to provide for matters connected therewith. Section 11 of the 1956 Act, as amended, now provides that "No person under the age of 16 years shall work underground in a mine, and nobody shall cause or permit any such person so to work". The same applies to women, subject to four exceptions covering women in managerial positions not performing manual work, those in health or welfare services, those having to spend a period underground in a mine for training or research purposes in the course of their studies, and those occasionally having to go in a mine for the purposes of a non-manual occupation. Section 15 of the same Act is amended to make stricter provisions for occupational health and safety in mines.

  25. South Africa - Elimination of child labour, protection of children and young persons - Law, Act

    Manpower Training Act 1981: Exemption from Logbook Requirements - Mining Industry.

    Adoption: 1988-09-02 | ZAF-1988-L-7131

    Exempts until 31 December 1989 mining employers from the requirements of s. 44 (1) of the Manpower Training Act, subject to stated conditions.

  26. South Africa - Elimination of child labour, protection of children and young persons - Law, Act

    Education Laws (Education and Training) Amendment Act 1988. No. 31.

    Adoption: 1988-04-08 | ZAF-1988-L-6534

    Introduces amendments to the Education and Training Act 1979, especially in its definitions, and prohibits certain practices with regard to the use of students as farm labour.

  27. South Africa - Elimination of child labour, protection of children and young persons - Law, Act

    Government Notice No. R. 2109 of Wage Determination No. 445, made by the Minister of Manpower pursuant to the Wage Act 1957 [LS 1957 - S.A. 1], in respect of the wool, mohair, hides and skins trade.

    Adoption: 1985-09-20 | ZAF-1985-L-1826

    The schedule specifies the areas, operations and classes of employees to which the wage determination applies. It contains provisions concerning rates of remuneration, hours of work, annual leave, sick leave, minimum age of employees, termination of contract of employment, etc.

  28. South Africa - Elimination of child labour, protection of children and young persons - Law, Act

    Government Notice No. R. 1405 (Department of Coloured Regulations and Rehoboth Affairs): Amendment of the Regulations under the Children's Act 1960 (No. 33 of 1960).

    Adoption: 1973-08-10 | ZAF-1973-L-15803

  29. South Africa - Elimination of child labour, protection of children and young persons - Law, Act

    Children's Act (No. 33 of 1960).

    Adoption: 1960-04-14 | ZAF-1960-L-57373

    Comprehensive legislation on children. Makes provision for the appointment of commissioners of child welfare and children's courts (Chapter 1); protection of infants (Chapter 2); prevention of neglect, ill-treatment and exploitation of children (Chapter 3); the manner in which children in need of care and certain other children may be dealt with (Chapter 4); places of safety, places of detention, schools of industries, reform schools, children's homes, places of care, observation centres and placing of children (Chapter 5); contribution orders (Chapter 6); adoption of children (Chapter 7), and for some related matters.


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