n Stellenbosch Law Review = Stellenbosch Regstydskrif - Domestic violence perpetrator removals : unpacking the new children's legislation

Volume 21, Issue 3
  • ISSN : 1016-4359
  • E-ISSN: 1996-2193



The Children's Act 38 of 2005, additions in the Children's Amendment Act 41 of 2007 (collectively referred to as the "2005 Act") and two sets of regulations came into force on 1 April 2010. The new legislation is extensive in scope. It could almost be said that there is an entirely new system of child care and protection law to apply. The interpretation and implementation challenges for practitioners are certainly considerable. A noticeable feature of the 2005 Act is that similar or mutually relevant provisions sometimes appear in separate places, rather than all together. Although the Act might therefore be criticised for being user unfriendly, to some extent this was inevitable, given its size and ambit.

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