According to the Children’s Act 38 of 2005; Section 151 and 152, as well as Regulation 53 (1)(a)(b) gives the authority to the designated social worker or a police official to make a decision that is in the best interest of a child to effect removal of a child and places such a child in temporary safe care for the safety and well-being of the child. Such removal can either be by means of:
The completed Form 36 must be submitted to the temporary safe care person or CYCC as soon as it is practical. The clerk of the children’s court must be informed about such a removal not later than the next court day.
Province |
Year |
Number of children taken away from their parents |
|
Mpumalanga |
Without a court order |
With a court order |
|
2016/2017 |
27 |
68 |
|
2017/2018 |
21 |
95 |
|
2018/2019 |
46 |
88 |
|
Free State |
Year |
Without a court order |
With a court order |
2016/17 |
402 |
24 |
|
2017/18 |
432 |
48 |
|
2018/19 |
296 |
70 |
|
Limpopo |
Year |
Without a court order |
With a court order |
2016/17 |
0 |
245 |
|
2017/18 |
0 |
243 |
|
2018/19 |
0 |
258 |
|
North West |
Year |
Without a court order |
With a court order |
2016/17 |
0 |
46 |
|
2017/18 |
0 |
51 |
|
2018/19 |
0 |
66 |
|
Gauteng |
Year |
Without a court order |
With a court order |
2016/17 |
25 |
836 |
|
2017/18 |
16 |
788 |
|
2018/19 |
26 |
953 |
|
Western Cape |
Year |
Without a court order |
With a court order |
2016/17 |
New indicator |
1 883 |
|
2017/18 |
4 694 |
1 793 |
|
2018/19 |
8 266 |
1 949 |
|
Eastern Cape |
Year |
Without a court order |
With a court order |
2016/17 |
0 |
849 |
|
2017/18 |
0 |
653 |
|
2018/19 |
37 |
517 |
|
Kwa-Zulu Natal |
Year |
Without a court order |
With a court order |
2016/17 |
112 |
462 |
|
2017/18 |
121 |
658 |
|
2018/19 |
97 |
681 |
|
Total (eight provinces) |
14,619 |
13,324 |
Northern Cape:
It is impossible to provide disaggregated data on the removal of children with or without court orders in the Northern Cape. It can be confirmed that the following number of children were removed in accordance with Section 151 and 152 of the Children’s Act, 38 of 2005.
Northern Cape |
Year |
Number of children removed with and without court orders |
2016/17 |
134 |
|
2017/18 |
176 |
|
2018/19 |
93 |
|
Total |
403 |