Helpful Policies and Acts

Miss Selo is a 32 years old South Africa citizen who has come to your office for grief counselling. Her mother, who was her primary source of support and strength, recently passed away. Miss Selo has two children, aged 3 and 7-years-old. The children’s grandmother was very actively involved and raised and educated the children from home while Miss Selo worked the odd jobs to contribute to the children. She has never received a child support grant as the children do not have birth certificates. Sadly, the father of the 7-year-old passed away a few years ago, but the father of the 3-year-old child lives and works in another town. Although he has a good job, he seldom supports his child. 

Miss Selo is struggling to support her children. When her mother died, she inherited the family home, so she has shelter. However, her odd jobs do not bring in enough money, and the 7-year-old was due to start Grade 1 this year, but due to him not having a birth certificate, the local school has denied him admission.

How could you assist Miss Selo?

How to be holistic:

1. Knowledge of the Department of Home Affairs Births and Deaths Registration Act 1992, (Act No. 51 of 1992). You could advise the client how to go about registering her children for late registration. Note the difference between a child over 7-years-old, as they need ID-size photo and fingerprints, whereas the 3-year-old will use either a palm, foot or fingerprint for biometrics. This pre-warning could save Miss Selo time.
2. Knowledge of the Social Assistance Act 2020 (Act No. 16 of 2020), as amended. Miss Selo could apply for both child support grants for her children. As Miss Selo does not have the children’s birth certificates, she can apply with an affidavit and specific documents. She cannot be denied a child support grant should she fail to produce a school attendance certificate or school report, as her child is currently not attending school. She may also qualify for a social relief of distress grant, depending on her circumstances.
3. Knowledge of the recent High Court ruling: Centre for Child Law and Others v Minister of Basic Education and Others (2840/2017). Makhanda High Court found clauses 15 and 21 of the Admission Policy for Ordinary Public Schools (Government Gazette 19377; 19 October 1998), which denied undocumented children assess to admission, unconstitutional and invalid.
4. Knowledge of the Children's Act 2005, (Act No. 38 of 2005) as amended and the Maintenance Act, 1998 (Act No. 99 of 1998). These acts can assist in defining how the father is identified both within and outside of wedlock as well as the child's rights to maintenance from the biological father.

While Miss Selo approached you for grief counselling, she has many areas where she needs assistance, having a holistic approach as a student, you could guide Miss Selo in finding relief in other areas of her life. The approach used in counselling will be guided by your field placement supervisor and university facility and supervisor, however, the laws and guidelines you can give MIss Selo will remain the same.