, SSL2601 ASSIGNMENT 2 SEMESTER 2025 ANSWERS
DUE DATE: 11 SEPTEMBER 2025
(TWO ANSWERS PROVIDED)
Introduction
The Constitution of the Republic of South Africa, 1996, represents the apex of legal
protection for fundamental human rights, including those of children. Section 28 of the
Constitution specifically codifies the rights of children, recognising them as a vulnerable
group requiring special attention and protection in all spheres of life. These rights are
comprehensive, extending beyond mere protection from harm to encompass positive
entitlements, such as access to healthcare, education, social services, and family care
(Constitution of the Republic of South Africa, 1996, s 28). The constitutional recognition of
children’s rights is informed by international human rights instruments, particularly the United
Nations Convention on the Rights of the Child (CRC), to which South Africa is a signatory.
Consequently, Section 28 is interpreted in a manner consistent with international best
practices, ensuring that the rights of children are not only protected but also actively
promoted (Boon & van Heerden, 2014).
Sindy, as a Family Advocate in the High Court, occupies a crucial position in operationalising
these rights. The mandate to determine custody in divorce litigation and to compile reports
for other legal matters involving minor children places her at the intersection of constitutional
law, family law, and social security obligations. Her role is thus central to safeguarding the
constitutional principle that the best interests of the child are of paramount importance in all
matters affecting them (Constitution, 1996, s 28(2); Du Toit v Minister for Welfare and
Population Development, 2002).
Constitutional Provisions Under Section 28
Section 28 establishes a multi-faceted framework for the protection and promotion of
children’s rights. It enshrines the principle of the best interests of the child as a foundational
tenet, requiring that this principle take precedence in every judicial, administrative, or
legislative decision affecting a child (Barker, 2016). Section 28(1) enumerates specific rights,
which include, but are not limited to, the right to a name and nationality, family care, basic
nutrition, shelter, healthcare, social services, protection from abuse, neglect, maltreatment,
DUE DATE: 11 SEPTEMBER 2025
(TWO ANSWERS PROVIDED)
Introduction
The Constitution of the Republic of South Africa, 1996, represents the apex of legal
protection for fundamental human rights, including those of children. Section 28 of the
Constitution specifically codifies the rights of children, recognising them as a vulnerable
group requiring special attention and protection in all spheres of life. These rights are
comprehensive, extending beyond mere protection from harm to encompass positive
entitlements, such as access to healthcare, education, social services, and family care
(Constitution of the Republic of South Africa, 1996, s 28). The constitutional recognition of
children’s rights is informed by international human rights instruments, particularly the United
Nations Convention on the Rights of the Child (CRC), to which South Africa is a signatory.
Consequently, Section 28 is interpreted in a manner consistent with international best
practices, ensuring that the rights of children are not only protected but also actively
promoted (Boon & van Heerden, 2014).
Sindy, as a Family Advocate in the High Court, occupies a crucial position in operationalising
these rights. The mandate to determine custody in divorce litigation and to compile reports
for other legal matters involving minor children places her at the intersection of constitutional
law, family law, and social security obligations. Her role is thus central to safeguarding the
constitutional principle that the best interests of the child are of paramount importance in all
matters affecting them (Constitution, 1996, s 28(2); Du Toit v Minister for Welfare and
Population Development, 2002).
Constitutional Provisions Under Section 28
Section 28 establishes a multi-faceted framework for the protection and promotion of
children’s rights. It enshrines the principle of the best interests of the child as a foundational
tenet, requiring that this principle take precedence in every judicial, administrative, or
legislative decision affecting a child (Barker, 2016). Section 28(1) enumerates specific rights,
which include, but are not limited to, the right to a name and nationality, family care, basic
nutrition, shelter, healthcare, social services, protection from abuse, neglect, maltreatment,
