There are laws that provide specific protection for children who are abused. The most important Acts that deal with the protection of children who are or have been abused or neglected are the Children’s Act and the Children’s Amendment Act. There are wide-ranging provisions that include the provision of child protection services and keeping a National Child Protection Register. The Acts also make provision for children who are in need of care and protection. (See Summary of the Children’s Act)

The main laws that aim to protect abused and neglected children are as follows:

• The Children’s Act says that it is a criminal offence:
  • if a parent, guardian, or other person who has parental responsibilities and rights in respect of a child, caregiver or person who has no parental responsibilities and rights in respect of a child but who voluntarily cares for the child either indefinitely, temporarily or partially, is guilty of an offence if that parent or caregiver or other person abuses or deliberately neglects the child, or abandons the child.
  • If a person who is supposed to maintain a child doesn’t provide the child with clothes, lodging and medical care.
  • The Domestic Violence Act defines the different forms of domestic violence against adults and children and says how a child (or other people on behalf of the child) can get a Protection Order against the abuser. (See Domestic Violence Act)
  • The Criminal Law (Sexual Offences and related matters Amendment Act (No 32 of 1996) gives a new definition of rape and includes a sexual offences register.
  • The Films and Publications Act (1996) protects children from exploitation in child pornography and by being shown pornographic material.
  • Criminal law allows a child who was abused to lay a charge against the abuser, for example, of assault, rape and assault with intent to do grievous bodily harm. (See Criminal charges)
  • The Basic Conditions of Employment Act makes it illegal to employ a child under the age of 15 years.