,SSL2601 Assignment 2 Semester 2 Memo | Due 11
September 2025. TWO ANSWERS PROVIDED.
Multiple choice,assured excellence
The Constitutional Priority of Children’s Rights under Section
28 of the Constitution of the Republic of South Africa, 1996:
An Advisory to the Family Advocate
The appointment of Sindy as a Family Advocate in the High
Court of South Africa entrusts her with one of the most
delicate and important responsibilities in the legal system:
safeguarding the welfare of minor children. Her role includes
determining custody arrangements in divorce litigation and
compiling reports on other matters involving minors. To fulfill
this mandate effectively, Sindy must be guided by the
Constitution of the Republic of South Africa, 1996 (hereinafter
“the Constitution”), which enshrines the rights of children in
section 28. This section, read alongside the Bill of Rights and
constitutional principles, gives absolute priority to the
protection, care, and best interests of children.
1. The Constitutional Framework for Children’s Rights
The Constitution is the supreme law of South Africa (section
2), which means all laws, policies, and actions—including
custody decisions—must align with its provisions. Within the
Bill of Rights, section 28 specifically addresses the rights of
, children and is the central legal compass for the Family
Advocate. This provision establishes a legal framework that
not only acknowledges the vulnerability of children but also
gives them special protection, recognizing them as rights-
bearers in their own capacity and not merely as extensions of
their parents.
Section 28 provides that every child has the right:
To a name and nationality from birth (section 28(1)(a)).
To family care or parental care, or to appropriate
alternative care when removed from the family
environment (section 28(1)(b)).
To basic nutrition, shelter, basic health care services, and
social services (section 28(1)(c)).
To be protected from maltreatment, neglect, abuse, or
degradation (section 28(1)(d)).
To be protected from exploitative labour practices
(section 28(1)(e)).
Not to be required or permitted to perform work or
provide services inappropriate for their age, or that place
them at risk of harm (section 28(1)(f)).
Not to be detained except as a measure of last resort, and
if detained, to be treated in a manner that takes account
of their age and dignity (section 28(1)(g)).
September 2025. TWO ANSWERS PROVIDED.
Multiple choice,assured excellence
The Constitutional Priority of Children’s Rights under Section
28 of the Constitution of the Republic of South Africa, 1996:
An Advisory to the Family Advocate
The appointment of Sindy as a Family Advocate in the High
Court of South Africa entrusts her with one of the most
delicate and important responsibilities in the legal system:
safeguarding the welfare of minor children. Her role includes
determining custody arrangements in divorce litigation and
compiling reports on other matters involving minors. To fulfill
this mandate effectively, Sindy must be guided by the
Constitution of the Republic of South Africa, 1996 (hereinafter
“the Constitution”), which enshrines the rights of children in
section 28. This section, read alongside the Bill of Rights and
constitutional principles, gives absolute priority to the
protection, care, and best interests of children.
1. The Constitutional Framework for Children’s Rights
The Constitution is the supreme law of South Africa (section
2), which means all laws, policies, and actions—including
custody decisions—must align with its provisions. Within the
Bill of Rights, section 28 specifically addresses the rights of
, children and is the central legal compass for the Family
Advocate. This provision establishes a legal framework that
not only acknowledges the vulnerability of children but also
gives them special protection, recognizing them as rights-
bearers in their own capacity and not merely as extensions of
their parents.
Section 28 provides that every child has the right:
To a name and nationality from birth (section 28(1)(a)).
To family care or parental care, or to appropriate
alternative care when removed from the family
environment (section 28(1)(b)).
To basic nutrition, shelter, basic health care services, and
social services (section 28(1)(c)).
To be protected from maltreatment, neglect, abuse, or
degradation (section 28(1)(d)).
To be protected from exploitative labour practices
(section 28(1)(e)).
Not to be required or permitted to perform work or
provide services inappropriate for their age, or that place
them at risk of harm (section 28(1)(f)).
Not to be detained except as a measure of last resort, and
if detained, to be treated in a manner that takes account
of their age and dignity (section 28(1)(g)).
