The Children’s Protection and Young Offenders Act 1979 (Act No. 44/1979) was passed on 15 March 1979 and commenced on 1 July 1979, except S50(2) commencing on 19 February 1981. S9(3)(b) and s50(3) were repealed. The full title of the Act was “An Act to provide for the protection, care and rehabilitation of children; to provide for the welfare of the community; to repeal the Juvenile Courts Act, 1971-1975; to amend the Criminal Injuries Compensation Act, 1978, the Education Act, 1972-1976, the Guardianship of Infants Act, 1940-1975, and the Justices Act, 1921-1976; and for other purposes”. The Act entitled the Minister to apply to the Children’s Court for a declaration that a child is in need of care.
Key Provisions: Where the Minister is of the opinion that a child is in need of care because he/she is maltreated, neglected, the child’s guardians are unwilling or unable to exercise supervision or to maintain the child, or the child’s guardians have abandoned him/her or cannot be located, the Minister may apply to the Children’s Court for a declaration that the child is in need of care. The Principal Act was repealed by the Statutes Repeal and Amendment (Children’s Protection and Young Offenders Act 1993 on 1 January 1994.
The Act had numerous amendments: Act No.50 of 1980, Act No.65 of 1982, Act No.43 of 1984, Act No.6 of 1985, Act No.14 of 1986, Act No.33 of 1986, Act No.34 of 1986, Act No.29 of 1988, Act No.51 of 1988, Act No.81 of 1988, Act No.82 of 1988, Act No.90 of 1988, Act No.31 of 1989, Act No.21 of 1990, Act No.34 of 1992