SciELO - Scientific Electronic Library Online

 
vol.22 issue1Parallel planning mechanisms as a "recipe for disaster" author indexsubject indexarticles search
Home Pagealphabetic serial listing  

Services on Demand

Article

Indicators

Related links

  • On index processCited by Google
  • On index processSimilars in Google

Share


Potchefstroom Electronic Law Journal (PELJ)

On-line version ISSN 1727-3781

Abstract

HEATON, J. Notes on the Proposed Amendment of Section 21 of the Children's Act 38 of 2005. PER [online]. 2019, vol.22, n.1, pp.1-21. ISSN 1727-3781.  http://dx.doi.org/10.17159/1727-3781/2019/v22i0a5974.

In terms of section 21 of the Children's Act 38 of 2005, an unmarried father acquires full parental responsibilities and rights in respect of his child if he lives with the child's mother in a permanent life-partnership when the child is born. He also acquires full parental responsibilities and rights if, regardless of whether or not he has ever lived with the child's mother, he consents or successfully applies to be identified as the child's father or pays damages in terms of customary law, and contributes or attempts in good faith to contribute to the child's upbringing and maintenance for a reasonable period. Several provisions of section 21 are unclear and/or unsatisfactory. The draft Children's Amendment Bill, 2018 seeks to address problematic aspects of the section. Unfortunately, the proposed amendments to section 21 leave one disappointed. Although some of the amendments are welcome, the draft Bill fails to address several of the uncertainties flowing from the current wording of section 21 and even creates additional uncertainties. The wording of many of the amendments has not been properly thought through, and the draft Bill fails to address the key question of whether the requirements in section 21(1)(b) operate conjunctively or independently.

Keywords : Child law; unmarried father; acquisition of parental responsibilities and rights.

        · text in English     · English ( pdf )

 

Creative Commons License All the contents of this journal, except where otherwise noted, is licensed under a Creative Commons Attribution License