JOHANNESBURG - The Teddy Bear Foundation, alongside Section27, has welcomed the recent High Court in Pretoria landmark judgment on governments failures on the child protection register.
In a statement on Tuesday, spokesperson of Section27 Pearl Nicodemus said the judgment affirmed the importance of children’s rights, as well as the right to basic education.
The ruling followed a case against the Department of Social Development (DSD) and 16 other respondents.
This includes the Department of Justice and Constitutional Development (DOJ&CD), the Department of Basic Education (DBE) and provincial education departments, the Educators Labour Relations Council and the South African Council of Educators (SACE).
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In a judgement handed down on 7 August, the court declared the Department of Social Development's failure to maintain and keep updated the National Child Protection Register (NCPR) as unconstitutional.
At the centre of the judgement was emphasising the responsibilities of DSD in the NCPR's vetting and reporting mechanisms.
It ordered that DSD put mechanisms in place to ensure that the NCPR is implemented.
It also ordered the Department of Justice and Constitutional Development (DOJ&CD), to report quarterly to DSD on all people deemed unsuitable to work with children.
South African Council of Educators (SACE) was also not left out.
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It was ordered to report on the number of new entrants on the educators’ roll and whether they have been vetted; additionally, it must also report on educators found guilty of misconduct that makes them unsuitable to work with learners.
At the same time, SACE must report the number of cases it received over 12 months, and the number finalised during the same period.
Failure to do so is regarded as unlawful and inconsistent with the Constitution.
Nicodemus said the orders against the departments will help address failures in implementing the NCPR and bind them to comply with their constitutional obligations.
“It has been over 15 years since the promulgation of the Children's Act, and it has taken a court to affirm and mandate these departments to comply with the legislative obligations as it relates to the NCPR. SECTION27 and TBF welcome this judgment and will be monitoring the implementation of the order,” she said.