PROPOSED PORTFOLIO COMMITTEE AMENDMENTS TO CHILDREN'S BILL [B 70—2003]
CLAUSES TO BE ADDED TO BILL 70—2003 (Reintroduced)
1. On page 13, after line 36, to add the following paragraph:
(c) to promote the preservation and strengthening of families;
CLAUSE 5 1. On page 13, after "gender" in line 37, to add "and sexual orientation".
2. On page 13, in line 44, to omit all the words after the first "A" up to and including "child" in line 46 and to substitute: child, having regard to the age, maturity and stage of development of the child, and a person who has parental responsibilities and rights in respect of that child, where appropriate,
3. On page 18, after line 47, to add the following subsection:
(7) In matters concerning children and services provided to children, the following principles must be taken into consideration:
(a) A child may engage in play and in leisure and recreational activities appropriate to the child's age;
(b) A child need to be brought up within a stable family environment or an environment resembling as closely as possible a caring family environment.
1. That the following be a new clause to follow clause 10:
(1) In any matter concerning a child with a disability or chronic illness, consideration must be given to—
(a) providing the child with conditions that ensure dignity, promote self-reliance and facilitate active participation in the community;
(b) providing the child with special care
(2) A child who is a refugee or seeking refugee status and a child who is an illegal foreign child, whether accompanied by an adult or not, has access to the services provided for in this Act, as may be appropriate in the circumstances.
CLAUSE 12 1. On page 16, after line 55, to add the following subsections:
(6) No person may disclose the results of a virginity test to anyone
(7) A child that was subjected to circumcision or virginity testing against his or her will may lay a charge of assault, indecent assault or assault with the intent to do grievous bodily harm, as the case may be, against—
(a) the person that performed the circumcision or the virginity testing;
(b) a person that is under an obligation to protect that child from maltreatment, abuse or degradation and failed to fulfil this obligation.
1. On page 17, in line 9, before "Every" to insert "Where appropriate".
1. On page 17, in line 38, to omit all the words after "have" up to and including "mother" in line 41 and to substitute:
guardianship in respect of the child, the guardian of that mother has guardianship of that child.
1 On page 18. in line 12. after "child" to insert:
regardless of whether the child was born before or after the commencement of this Act
2. On page 18, after line 21, to add the following subsection:
(3) (a) If there is a dispute between the biological father referred to in subsection (1 ) and the biological mother
of a child with regard to the fulfilment by that father of the conditions imposed under paragraph (a) or (b) of subsection
(1), the matter must be referred for mediation to a family advocate, social worker, social service professional or other professionally qualified person.
(b) Any party to the mediation may have the outcome of the mediation reviewed by a court.
(4) When this Act comes into operation, a biological father of a child who does not have parental
responsibilities and rights in respect of the child in terms of section 20, acquires full parental responsibilities and rights in respect of the child in accordance with subsection (1 ) regardless of whether the child was born before or after the commencement of this Act.