Child Care Amendment Act

This section amends Section 1 by adding three definitions: “commercial sexual exploitation,” “secure care,” and “secure care facility.”

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Jurisdiction: South Africa
Instrument: Act or statute
Citation: Act 13 of 1999
Version: Undated source snapshot
Language: en
Updated: 14 Apr 1999
Official source: View official record ↗

appeals care facilities child protection compliance timing court procedure definitions government facilities offences property reporting public administration

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This section amends Section 1 by adding three definitions: “commercial sexual exploitation,” “secure care,” and “secure care facility.” This section inserts a new section into Chapter 3 of the principal Act after section 16. Appeals may be brought to the competent division of the High Court of South Africa against specified orders, refusals, and later changes to those orders. A new section titled “Secure care facilities” is inserted after section 28 in the principal Act. The Minister may, with the Minister of Finance’s concurrence and using appropriated funds, establish and maintain secure care facilities for children awaiting trial or sentence.

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Provisions of Child Care Amendment Act

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1
Section 1 of the Child Care Act, 1983 (hereinafter referred to as
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AI-assisted research summary: This section amends Section 1 by adding three definitions: “commercial sexual exploitation,” “secure care,” and “secure care facility.”

1. Section 1 of the Child Care Act, 1983 (hereinafter referred to as the principal Act), is hereby amended (a) by the insertion after the definition of "children's home" of the following definition: "'commercial sexual exploitation' means the procurement of a child to perform a sexual act for a financial or other reward payable to the child, the parents or guardian of the child, the procurer or any other person;"; and (b) by the insertion after the definition of "school of industries" of the following definitions: "'secure care' means the physical, behavioural and emotional containment of children offering an environment and programme conducive to their care, safety and healthy development; 'secure care facility' means a facility established under section 28A;". Insertion of section 16A in Act 74 of 1983
2
The following section is hereby inserted in Chapter 3 of the
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AI-assisted research summary: This section inserts a new section into Chapter 3 of the principal Act after section 16.

2. The following section is hereby inserted in Chapter 3 of the principal Act, after section 16. "Appeals
16A
An appeal shall lie against any order made or any refusal to
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AI-assisted research summary: Appeals may be brought to the competent division of the High Court of South Africa against specified orders, refusals, and later changes to those orders.

16A. An appeal shall lie against any order made or any refusal to make an order in terms of section 11, 15 or 38(2)(a), or against the variation, suspension or rescission of such order, to the competent division of the High Court of South Africa, and if brought, shall be noted and prosecuted as if it were an appeal against a civil judgement of a magistrate's court.". Insertion of section 28A in Act 74 of 1983
3
The following section is hereby inserted in the principal Act after
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AI-assisted research summary: A new section titled “Secure care facilities” is inserted after section 28 in the principal Act.

3. The following section is hereby inserted in the principal Act after section 28: "Secure care facilities
28A
The Minister may, with the concurrence of the Minister of
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AI-assisted research summary: The Minister may, with the Minister of Finance’s concurrence and using appropriated funds, establish and maintain secure care facilities for children awaiting trial or sentence.

28A. The Minister may, with the concurrence of the Minister of Finance, out of monies appropriated by Parliament for that purpose, establish and maintain secure care facilities for the reception and secure care of children awaiting trial or sentence.". Amendment of section 34 of Act 74 of 1983, as amended by section 10 of Act 86 of 1991
4
Section 34 of the principal Act is hereby amended
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AI-assisted research summary: This provision amends section 34 by replacing subsection (1) and deleting subsection (3). The new subsection lets the Minister, by written order and subject to subsection (3), transfer a pupil or child between specified institutions, custody, or supervision arrangements.

4. Section 34 of the principal Act is hereby amended (a) by the substitution for subsection (l) of the following subsection: "(1) The Minister may , subject to the provisions of subsection (3), by order in writing transfer any pupil or child from any institution to which heor she has lawfully been sent or from any custody (except the custody of his or her parent or guardian or of the person mentioned in section 15(1)(a)) in which or supervision under which he or she has lawfully been placed, to any institution, custody or supervision mentioned in section 15 of this Act or section 290 of the Criminal Procedure Act, 1977 (Act No. 51 of 1977)."; and (b) by the deletion of subsection (3). Insertion of section 50A in Act 74 of 1983
5
The following section is hereby inserted in the principal Act after
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AI-assisted research summary: This section creates offences for taking part in commercial sexual exploitation of a child and for certain property holders failing to report it to a police station within a reasonable time after learning of it.

5. The following section is hereby inserted in the principal Act after section 50: "Commercial sexual exploitation of children 50A. (1) Any person who participates or is involved in the commercial sexual exploitation of a child shall be guilty of an offence. (2) Any person who is an owner, lessor, manager, tenant or occupier of property on which the commercial sexual exploitation of a child occurs and who, within a reasonable time of gaining information of such occurrence, fails to report such occurrence at a police station, shall be guilty of an offence. (3) Any person who is convicted of an offence in terms of this section, shall be liable to a fine, or to imprisonment for a period not exceeding 10 years, or to both such fine and such imprisonment.". Amendment of section 54 of Act 74 of 1983
6
Section 54 of the principal Act is hereby amended by the
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AI-assisted research summary: The officer presiding in proceedings under the Act may estimate a person's age when age matters and there is no or not enough evidence.

6. Section 54 of the principal Act is hereby amended by the substitution for subsection (1) of the following subsection: "(1) Whenever in any proceedings in terms of this Act the age of any person is a relevant fact of which no or insufficient evidence is available, the officer presiding at those proceedings may estimate the age of that person by his or her appearance or and from any information which is available, and the age so estimated shall for the purposes of this Act be deemed to be the true age of that person.". Short title and commencement
7
This Act is called the Child Care Amendment Act, 1999, and comes
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AI-assisted research summary: This Act starts on a date the President fixes by proclamation in the Gazette.

7. This Act is called the Child Care Amendment Act, 1999, and comes into operation on a date fixed by the President by proclamation in the Gazette.

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Child Care Amendment Act

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