Chapter 8
Related Sections
1
INTRODUCTION
2
MARRIAGE
3
Draft Marriage Bill (2023)
4
Civil marriages
5
CIVIL UNIONS
6
African customary marriages
7
Muslim and Hindu marriages
8
The rules of civil marriage
9
DIVORCE
10
Divorce in a civil marriage
11
Ending an African customary marriage
12
Ending a Muslim or Hindu marriage
13
The Family Court
14
Arrangements made at the time of divorce
15
CARE AND PROTECTION OF CHILDREN
16
Laws that apply to child care and protection
17
The Children’s Act and Children’s Amendment Act
18
Summary of the Children’s Act
19
Overview of important sections of the Children’s Act
20
CUSTODY, GUARDIANSHIP AND SUPPORT OF CHILDREN
21
Custody or care
22
Guardianship
23
The duty to support children
24
Parental responsibilities and rights
25
Children of African customary unions
26
Children of Muslim or Hindu marriages
27
Adoption of children
28
CHILD ABUSE AND NEGLECT
29
Laws protecting abused and neglected children
30
Reporting child abuse
31
Stopping child abuse using the Domestic Violence Act
32
Child sexual abuse
33
Removing children from abuse or neglect
34
Foster care
35
ABORTION
36
When may a woman have an abortion?
37
Consent to an abortion
38
Who may perform an abortion?
39
DEATH
40
Dying without a will
41
Dying with a will
42
Winding up a dead person’s estate
43
PROBLEMS
44
Problem 1: Getting a divorce
45
Problem 2. Entering into a civil union
46
Problem 3. Adopting a child
47
Problem 4. Getting maintenance through the Maintenance Court
48
Problem 5: Maintenance is not paid
49
Problem 6: Making a will
50
MODEL LETTER
51
Model letter: Request for social worker’s report to assist with application for legal aid
52
CHECKLISTS
53
Checklist: Marriage
54
Checklist: Divorce
55
Checklist: Maintenance
56
Checklist: Child abuse and neglect

Stopping child abuse using the Domestic Violence Act

The Domestic Violence Act covers domestic violence, sexual abuse, economic abuse and emotional and psychological abuse. This Act covers people who have or had a domestic relationship – for example children, partners, ex-partners, parents, etc.

The Children’s Act says any correctional official, dentist, homeopath, immigration official, labour inspector, legal practitioner, medical practitioner, midwife, minister of religion, nurse, occupational therapist, physiotherapist, psychologist, religious leader, social service professional, social worker, speech therapist, teacher, traditional health practitioner, traditional leader or member of staff or volunteer worker at a partial care facility, drop-in centre or child and youth care must report child abuse immediately to the police or a designated child protection organisation. It is an offence not to report child abuse. (See The Domestic Violence Act)

The following people can apply for a Protection Order under the Domestic Violence Act to stop someone abusing a child:

  • Family members
  • Parents of a child or people responsible for a child
  • A child under the age of 18, without the help of a parent or guardian
  • Any person, including a health service provider, police officer, social worker, teacher, neighbour, friend, relative, or minister, who has a material interest (not just being a busybody) in a child’s wellbeing

The Domestic Violence Act says if a person has a material interest in the wellbeing of a child and believes that the child (under 18 years) is being abused they don’t have to wait for the child to give consent to apply for a Protection Order they can bring the application for the Protection Order themselves. It is enough if the person believes that the child is being abused. (See Problem 3: Getting a Protection Order)