RETHINKING SECURE CARE: A LEGAL AND POLICY SHIFT TO STRENGTHEN SUPPORT FOR CHILDREN IN CONFLICT WITH THE LAW

By Cuma Pantshwa.

• The Department of Social Development is leading a multi-stakeholder dialogue to review the legal and policy framework governing secure care centres for children in conflict with the law.
• The initiative brings together departments and specialists to align regulations with children’s rights, guided by the Children’s Act and Child Justice Act.
• ⁠With the Children’s Amendment Bill on the horizon, this process is a timely opportunity to ensure practical reforms are grounded in legal clarity and interdepartmental coordination.

The Department of Social Development is hosting a high-level policy dialogue in Pretoria focused on transforming the country’s secure care centres. These centres provide residential care for children in conflict with the law, with an emphasis on safety, rehabilitation and rights-based support.
The dialogue, led by the Department’s Social Crime Prevention Unit, provides a platform for reviewing the current norms and standards that govern secure care. The goal is to ensure these are responsive to the lived realities of children and aligned with the Children’s Act and the Child Justice Act.
Participants include representatives from the Departments of Social Development, Education, Health, Justice, Correctional Services and SAPS, as well as legal experts, care workers, and secure care managers. The whole-of-government approach signals strong commitment to collaboration and reform.
Advocate Mtshotshisa from the Department’s Legal Services unit highlighted the challenge of introducing reforms that fall outside existing legislation. He explained that while regulations help interpret the law, they cannot introduce new provisions without a legislative amendment.
“If the input we receive highlights gaps in the Act, there is an opportunity to revise the draft Children’s Amendment Bill accordingly,” he said. The Bill, currently undergoing internal processes, will soon be published for public comment, creating a further opportunity for stakeholder contributions.
Legal harmonisation is also essential. Proposed revisions must be checked against other laws to avoid conflict and ensure constitutional alignment. The Office of the Chief State Law Advisor plays a key role in this review before any draft proceeds.
Ms Linda Makhathini from the Social Crime Prevention Unit welcomed the collaboration across departments and called for a system that strengthens security while offering holistic support for children’s rehabilitation and wellbeing.
“This is the kind of secure care system we want to build together. One that is not only safe, but truly restorative,” she said.
The workshop represents a significant moment in the ongoing evolution of child protection services in South Africa. Whether through regulatory refinement or legislative change, the objective remains the same: a secure care system that prioritises the dignity, safety and development of every child in conflict with the law.