Fathers 4 Justice South Africa is urgently pushing for critical reforms to the Children’s Act to better protect the rights and responsibilities of fathers and ensure the well-being of children. Since 2019, Fathers 4 Justice South Africa has been actively engaging with the Department of Social Development and other governmental bodies to highlight the challenges fathers face due to the current provisions of the Children’s Act, specifically Sections 19, 20, and 21.
Despite extensive discussions and presentations, including a significant hearing in Parliament on May 13, 2021, the issues remain unresolved. These sections are being exploited by unscrupulous lawyers, advocates, psychologists, and social welfare workers, leading to significant emotional, financial, and psychological abuse of fathers and severe trauma to children.
The Centre for Gender Equality supports the view that Sections 20 and 21 are discriminatory and potentially unconstitutional, as highlighted in their report “Relationships Disentangled.” Additionally, the Constitutional Court ruled on June 29, 2023, that Section 40 of the Children’s Act and Section 4 of the Mediation in Certain Divorce Matters Act 24 of 1987 are unconstitutional. These sections unfairly discriminate between children of married and never-married parents regarding the best interests investigated by the Office of the Family Advocate.
Fathers 4 Justice South Africa proposes several amendments and actions, including:
- Equal Parental Rights from Birth: Ensuring both biological parents have immediate and automatic joint equal rights and responsibilities towards their child from birth.
- Zero Tolerance for Alienation: Criminalizing actions that deny a child’s right to equal parental contact, with strict penalties for violators.
- Automatic Mediation and Arbitration: Mandating swift mediation and arbitration processes within 90 days of parental separation.
- Unified Family Court System: Combining family and children’s courts into a single entity for efficiency and cost-effectiveness.
These proposed changes are fundamental for the well-being of children and the fair treatment of fathers. Fathers 4 Justice South Africa is calling for an urgent meeting with the newly appointed Minister and Deputy Minister of Social Development to discuss these critical issues and push for the necessary legislative amendments.
The organization is committed to ensuring that fathers are no longer seen as the problem but as equal partners in the upbringing and welfare of their children.
For more details on the proposed amendments and to support the cause, visit Fathers 4 Justice South Africa’s website.
Summary
Fathers 4 Justice South Africa is advocating for urgent reforms to the Children’s Act to protect fathers’ rights and ensure the well-being of children. Despite previous efforts, significant issues remain unresolved, prompting the need for immediate action and legislative amendments. The organization calls for equal parental rights from birth, zero tolerance for alienation, automatic mediation and arbitration, and a unified family court system. To that end, an urgent meeting with the Department of Social Development is requested to discuss and address these critical issues.
