PORTFOLIO COMMITTEE WELCOMES PROGRESS ON THE CHILDREN’S AMENDMENT BILL

By Precious Mupenzi.

• ⁠The revised Children’s Amendment Bill ensures legal recognition for children of permanent life partners and promotes equal rights for unmarried fathers, following the Constitutional Court’s ruling in the VJV case.
• The Department of Social Development (DSD)hopes to Gazette the children’s amendment bill for public comments in July 2025, subsequent to obtaining Cabinet approval.
• Portfolio Committee members supported the initiative and requested clear public communication, benchmarking against international standards, and consistent updates during the legislative process.

Members of the Portfolio Committee on Social Development have welcomed the Department of Social Development’s (DSD) presentation on the progress of the Children’s Amendment Bill, 2025, describing it as a crucial step forward in strengthening South Africa’s child protection measures. The briefing was held virtually today.
The Department confirmed it is in the final stages of processing the Bill, which is scheduled to be published for public comment in July 2025. Presenting on behalf of the Department, Acting Chief Director of Legal Services, Advocate Luyanda Mtshotshisa, highlighted the extensive consultations undertaken since the Bill’s introduction in 2020. These involved national and provincial departments, Chapter 9 institutions, academic experts, child protection organisations, and the National Child Care and Protection Forum.
“We have ensured that the Bill is responsive to the evolving needs of children and stakeholders,” said Mtshotshisa. “This includes amendments informed by court rulings, such as the VJV matter, which led to the inclusion of permanent life partners in Section 40.”

The VJV matter refers to the Constitutional Court case VJV and Another v Minister of Social Development and Another [2023] ZACC 21, in which the Court found Section 40 of the Children’s Act to be unconstitutional. The existing law recognised only married couples as legal parents when children were conceived through in vitro fertilisation (IVF), thereby excluding permanent life partners. The Court ruled that this violated the rights to equality, dignity, and the best interests of the child. As a remedy, it instructed Parliament to amend the law by July 2025 to include a “permanent life partner.”
The revised Bill seeks to reflect this ruling by legally recognising children born into diverse family structures. It also proposes to ensure that unmarried fathers have equal parental rights and responsibilities to those of married fathers.
The Bill has already received endorsement from intergovernmental structures, including the Technical Working Group of the Social Protection Cluster and the Development Committee (SPCHD), as well as the Justice, Crime Prevention, and Security (JCPS) Cluster. It is now pending Cabinet approval for publication in the Government Gazette.

“We are hopeful that Cabinet will authorise publication before the end of June,” Mtshotshisa added. “This will enable a 30-day public consultation in July, after which we will incorporate feedback and seek legal recertification.”
The Department aims to introduce the Bill to Parliament by September 2025.
Meanwhile, Director-General Mr. Peter Netshipale acknowledged delays in responding to parliamentary questions and apologised. “We have compiled responses and will release answers to straightforward queries while finalising more complex ones,” he said.
Reflecting on the legislative journey, Netshipale added: “The law-making process is lengthy for good reason. It ensures all legal and public inputs are fully considered—preserving democratic integrity and constitutional compliance.”
Portfolio Committee members unanimously expressed support for the Department’s progress. Honourable Tshilidzi Munyai encouraged benchmarking against international best practices to enrich legislative contributions. Honourable Alexandra Abrahams raised concerns about potential confusion during public hearings, noting that the Department of Basic Education is also processing a separate child-related bill. She urged clear public communication to avoid overlap or misdirected submissions.
The Committee Chairperson, Ms Bridgette Masango, acknowledged this concern and committed to engaging legal services and departmental representatives to ensure clarity in public messaging.

Other members, including Honourable Moyagabo Makgato and Honourable Paulnita Marais, called for regular updates and further legal clarification on the public participation process for both Bills.
In her closing remarks, Chairperson Masango commended the Department for its continued engagement and transparency. “Although the legislative process may feel slow, it ensures due diligence and constitutional compliance. We appreciate the Department’s responsiveness and dedication.”
The Department reaffirmed its commitment to child protection reforms. “This goes beyond legislative compliance; it’s about changing the lives and futures of South African children,” said Netshipale.