, PLEASE USE THIS DOCUMENT AS A GUIDE TO ANSWER YOUR ASSIGNMENT
1. Sindy has been appointed to the position of Family Advocate in the High Court of South
Africa. Part of Sindy's duties is to determine the custody of minor children in divorce litigation,
and to compile reports on other legal matters involving minor children. With your knowledge at
social security law, fully advise Sindy on how the Constitution of the Republic of South Africa,
1996, gives priority to the rights of children codified in section 28.
Answer 1
Introduction
As a Family Advocate in the High Court of South Africa, Sindy’s role is to safeguard the rights and
welfare of minor children in matters of custody, access, and other disputes arising from divorce
litigation. The Constitution of the Republic of South Africa, 1996, places a strong emphasis on the
protection of children’s rights, particularly through section 28 of the Bill of Rights. This provision
makes children’s rights paramount and obliges the state, parents, and all organs of society to act in
their best interests. Section 28 directly influences how custody disputes are resolved, how children
are cared for, and how social security protections apply to them1 .
Children’s Rights under Section 28 of the Constitution
Section 28(1) explicitly sets out a list of fundamental rights afforded to children, including the right
to:
Family or alternative care if removed from the family environment;
Basic nutrition, shelter, healthcare, and social services;
Protection from maltreatment, neglect, abuse, or exploitation;
Not to be detained except as a last resort, and then only for the shortest possible time;
Legal representation in civil proceedings affecting the child2 .
These rights are not aspirational but legally enforceable, meaning that courts and Family Advocates
must prioritize them in all matters concerning children.
The Best Interests of the Child Principle
Section 28(2) states that: “A child’s best interests are of paramount importance in every matter
concerning the child.” This clause elevates children’s rights above competing interests and creates a
constitutional standard against which all decisions regarding custody, access, and care must be
measured3 . For Sindy, this means that her custody recommendations must always be informed
primarily by what outcome best promotes the child’s holistic development and well-being, not the
convenience or preferences of the parents.
1: (SSL2601, Study Guide, p.14)
2: (SSL2601, Study Guide, p.15)
3: (SSL2601, Study Guide, p.16)
1. Sindy has been appointed to the position of Family Advocate in the High Court of South
Africa. Part of Sindy's duties is to determine the custody of minor children in divorce litigation,
and to compile reports on other legal matters involving minor children. With your knowledge at
social security law, fully advise Sindy on how the Constitution of the Republic of South Africa,
1996, gives priority to the rights of children codified in section 28.
Answer 1
Introduction
As a Family Advocate in the High Court of South Africa, Sindy’s role is to safeguard the rights and
welfare of minor children in matters of custody, access, and other disputes arising from divorce
litigation. The Constitution of the Republic of South Africa, 1996, places a strong emphasis on the
protection of children’s rights, particularly through section 28 of the Bill of Rights. This provision
makes children’s rights paramount and obliges the state, parents, and all organs of society to act in
their best interests. Section 28 directly influences how custody disputes are resolved, how children
are cared for, and how social security protections apply to them1 .
Children’s Rights under Section 28 of the Constitution
Section 28(1) explicitly sets out a list of fundamental rights afforded to children, including the right
to:
Family or alternative care if removed from the family environment;
Basic nutrition, shelter, healthcare, and social services;
Protection from maltreatment, neglect, abuse, or exploitation;
Not to be detained except as a last resort, and then only for the shortest possible time;
Legal representation in civil proceedings affecting the child2 .
These rights are not aspirational but legally enforceable, meaning that courts and Family Advocates
must prioritize them in all matters concerning children.
The Best Interests of the Child Principle
Section 28(2) states that: “A child’s best interests are of paramount importance in every matter
concerning the child.” This clause elevates children’s rights above competing interests and creates a
constitutional standard against which all decisions regarding custody, access, and care must be
measured3 . For Sindy, this means that her custody recommendations must always be informed
primarily by what outcome best promotes the child’s holistic development and well-being, not the
convenience or preferences of the parents.
1: (SSL2601, Study Guide, p.14)
2: (SSL2601, Study Guide, p.15)
3: (SSL2601, Study Guide, p.16)
