In terms of the Children’s Act a person who acts as a guardian must:

• Administer and safeguard the child’s property and property interests
• Assist or represent the child in administrative, contractual and other legal Matters
• Give or refuse any consent required by law in respect of the child, including:
  • consent to the child’s marriage
  • consent to the child’s adoption
  • consent to the child’s departure or removal from the Republic
  • consent to the child’s application for a passport; and
  • consent to a sale of any immovable property of the child

The parents are usually joint guardians and are called the ‘natural guardians’. A natural guardian has a duty to support her or his children. If for some reason the natural guardian cannot carry out his or her duties, the court appoints a ‘legal guardian’ for the children.

Note: The guardianship Act (No 192 of 1993) is repealed by the Children’s Act.