I.
Introduction
1. The African Committee of Experts on the Rights and Welfare of the Child
(ACERWC/the Committee) extends its compliments to the Government of the
Republic of South Africa for submitting its first periodic report on the status of the
implementation of the African Charter on the Rights and Welfare of the Child (the
African Children’s Charter/the Charter).
2. During the 32nd Ordinary Session which was held from 12 to 22 November 2018,
the Committee considered the periodic report of South Africa which was submitted
in compliance with the State Party’s obligation under Article 43 of the Charter.
3. The Committee congratulates and appreciates the Republic of South Africa for
sending its Delegation, which was led by Hon. Ms Constance G Nxumalo, who had
a productive discussion with the Members of the ACERWC. The discussion indeed
helped the Committee to better understand the measures that the state Party has
undertaken towards the implementation of the Charter as well as the challenges it
is facing. After careful consideration of the facts in the reports and the information
provided during the constructive dialogue, the Committee has developed and
adopted the following concluding observations and recommendations which
provide guidance to better enhance the implementation of the Charter.
II.
PROGRESS IN THE IMPLEMENTATION OF THE CHARTER
4. The Committee would like to recognise and appreciate the Government of the
Republic of South Africa for undertaking a number of measures to realise the
implementation of the provisions of the African Children’s Charter. In particular, the
Committee recognises the following measures as they meaningfully contribute to
the country’s journey towards the full implementation of the African Children’s
Charter:
i. Enactment of Prevention and Combating of Trafficking in Persons Act, 2013
(Act 7 of 2013);
ii. Enactment of Basic Conditions of Employment Amendment Act, 2013 (Act 20
of 2013);
iii. Enactment of Prevention and Combating of Torture of Persons Act, 2013 (Act
13 of 2013/the Torture Act);
iv. Adoption of the Maintenance Amendment Act, 2015 (Act 9 of 2015);
v. The creation of a schools-based prevention programme which educates
learners about the dangers and consequences of violence;
vi. The development of the White Paper on the Rights of Persons with Disabilities;
vii. The development of a government-wide early childhood development (ECD)
policy.
2