PROJECT: REPORTING MATTERS AT CHILDREN'S COURT
- Isabel Spies
- Sep 11
- 5 min read
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The Children’s Court plays a crucial role in safeguarding the rights and well-being of children, as outlined in the Children’s Act 38 of 2005. Matters reported to this court typically involve the care, protection, and safety of children, especially when there are concerns of neglect, abuse, or exploitation.
According to Section 110 of the Children’s Act, certain professionals, such as teachers, doctors, social workers, and police officials, are legally obliged to report suspected child abuse or neglect. This mandate is vital in a country where statistics paint a concerning picture: the South African Police Service (SAPS) recorded over 45,000 reported cases of crimes against children between April 2023 and March 2024, including physical abuse, sexual offences, and severe neglect.
Furthermore, Stats SA estimates that one in three children in South Africa experiences some form of violence before the age of 18. These alarming figures highlight the importance of the Children’s Court
as a specialised legal platform focused on protecting vulnerable minors, ensuring their basic rights are upheld,
and providing appropriate interventions for their safety and well-being.
WHAT MATTERS ARE TYPICALLY REPORTED AT CHILDREN'S COURT?
Matters relating to the care and protection of a child are usually reported to a Children’s Court in terms of the Children’s Act 38 of 2005, in terms of Section 110 of the said Act.
In the Act, it clearly states that a child requires care and protection for the following:
Abandonment or orphaned, without any visible means of support.
Displays behaviour which cannot be controlled by the parent or caregiver.
Lives or works on the streets or begs for a living.
Addiction to a dependence-producing substance, without any support to obtain treatment for such dependency.
Exploited or lives in circumstances that expose the child to exploitation.
Resides in or is exposed to circumstances which may seriously harm the child physically, mentally, or socially.
May be at risk if returned to the custody of the parent, guardian, or caregiver of the child, with the possibility that he/she will live or be exposed to circumstances which may seriously harm the physical, mental, or social aspect.
In a state of physical or mental neglect.
Being maltreated, abused, deliberately neglected, or degraded by a parent, a caregiver, a person who has parental responsibilities and rights or a family member of the child or by a person in whom the control of the child has been placed.
Victim of child labour.
In a child-headed household.
TYPES OF MATTERS HEARD BY A CHILDREN'S COURT:
FAMILY DISPUTES:
Matters involving custody disputes involving children.
CARE AND PROTECTION MATTERS:
Matters where children are abused (emotionally, sexually or physically).
Matters where children need care and protection.
Matters where children are living in an unsafe environment.
Matters where children are neglected.
WHO MAY REPORT A MATTER AT THE CHILDREN'S COURT BUT IS NOT LEGALLY OBLIGED TO DO SO IN TERMS OF SECTION 110 (2) OF THE CHILDREN'S ACT 38 OF 2005?
A parent or guardian.
An adult who is concerned about a child’s safety.
WHO MUST REPORT A MATTER AT THE CHILDREN'S COURT (MANDATORY) IN TERMS OF SECTION 110 (2) OF THE CHILDREN'S ACT 38 OF 2005?
Correctional officials.
Dentists, homeopaths, nurses, speech therapists, and other medical professionals.
Legal Practitioners.
Teachers.
Social Service Professionals and Social Workers.
Ministers of Religion, religious leaders, traditional leaders and traditional health practitioners.
Staff or volunteers at partial care facilities, drop-in centres, or child and youth care centres.
Immigration officials and labour inspectors.
In addition to the above, the Sexual Offences and Related Matters Amendment Act (2007) requires any person, regardless of profession, who becomes aware of a sexual offence against a child to immediately report it to the SAPS.
HOW TO REPORT A MATTER:
Go to the Children’s Court in the jurisdiction where the minor child resides.
Complete the required documents (Form 2) at the office of the Children’s Court and submit all supporting documents (reports, photos, affidavits).
WHAT IS A FORM 2:
Form 2 is used when a child is believed to be in need of care and protection and it is necessary to remove the child to a place of safety.
POSSIBLE OUTCOMES AFTER MATTERS ARE INVESTIGATED:
The child may be removed and placed in alternative care.
The court may order supervision by a Social Worker.
The child/family may be referred for counselling.
In conclusion, the Children’s Court is a critical guardian of South Africa’s future, ensuring that no child is left without protection, care, and justice. In a society in which far too many children face abuse, neglect, and exploitation, this court provides a lifeline of hope, intervening when families or communities fail to safeguard the most vulnerable.
The sheer volume of cases and alarming statistics reveal that legal mechanisms alone are not enough.
It takes a collective effort — from mandated reporters, law enforcement, social workers, and ordinary citizens —
to create a culture in which children are valued, protected, and given the opportunity to thrive.
By strengthening awareness, accountability, and support systems, South Africa will move closer to a future
in which every child grows up safely, nurtured, and empowered, and the Children’s Court becomes
a place of last resort, and a testament to a nation’s commitment to its youngest members.
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