​On Tuesday, 17 September 2024, the Gauteng Department of Social Development hosted a two-day Provincial Workshop on Guardianship and Implications of the Children's Act at Emperors Palace, in Kempton Park, Eastern Corridor.
According to Chief Director for Social Welfare and Specialist Services, Tebello Mkhonto, the training and capacity building was to empower social workers so as to implement the amended Children's Act.
"Through this session, we will know what is expected of us when we deal with guardianship. As you would know, previously we were not dealing with guardianship, it was a matter that was dealt with at high court level. So, the Children's Act says that even the lower children's courts can now deal with guardianship," said Mkhonto.
"Through this session, you would be taken through what is expected from you as Social Workers, your roles, and responsibilities so that you don't fail as you implement. After this session, I have full confidence that you will know everything about guardianship," added Mkhonto as she explained the purpose of the training and capacity building.
The work of Social Workers is very key in Guardianship. It includes conducting assessments and investigations, compiling reports and recommendations. Moreover, Social Workers provide counselling and support, facilitate mediation and dispute resolution, do monitoring and supervising guardianship arrangements and testify in court proceedings.
The workshop was attended by implementers of the Children's Act, amongst them was the Department of Home Affairs, Department of Justice and Constitutional Development.
Teresa Horne, a Magistrate from the Department of Justice shared insights on the concept of guardianship and reiterated the importance of understanding Section 28 of the Constitution which gives emphasis on special protection afforded to children as the most vulnerable members of society.
"A true character of the society is revealed in how it treats its children," said Magistrate Horne, citing former president and stalwart, Tata Nelson Mandela.
She added, "When we fail on that aspect, we will have a society that is not functional. Section 28 of the Constitution talks about the Bill of Rights, and it is aimed at the most vulnerable people in our society, our children."
Magistrate Horne further presented on Parental Rights and Responsibilities, citing Section 18 (11) of the Children's Act and divided it into four segments, namely Maintenance, Guardianship, Care and Contact.
Fortunate Mongwai from Centre of Child Law at the University of Pretoria gave an in-depth presentation on Birth and Death Registration Act challenges on the matter of undocumented children.
He said, "The issues of migration, access to environment and parental rights and responsibilities we find them very challenging. We are often very much conflicted when we receive reports from Social Workers that are not comprehensive."
"There are different categories of children that we deal with, or that social workers come in contact with such as unaccompanied migrant children, children who are abandoned, and refugees. So, if reports are not comprehensive, it becomes a big challenge," added Mongwai.
The two-day session enhanced the skills of Social Workers and various implementers of the Children's Act to benefit children in need of care and protection.