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Child abuse | Register of those unsuited to work with children

Offences against children are one of the most serious offences. Children are very often too young to protect themselves against adults. Our law needs to protect children against abuse and neglect, and other forms of violence.

Part of our Children's Act 38 of 2005 has a register in part 2 of Chapter 7, known as The National Child Protection Register. Part A of the Register has the purpose of establishing a database recording the circumstances of each contravention of the Act or non-compliance with its provisions.

The aim of Part B of the Register is to record anyone found unsuited to work with children. The full names and address of the person are recorded, fingerprints, photograph, the reason why the finding was made, as well as particulars of the criminal trial if there was one.

Only certain courts can find a person unsuitable to work with children. The Children's Court is one such court. A criminal court is another. Any forum recognised by law in disciplinary proceedings can also find a person unsuitable to work with children.

Our law does however allow a person found unsuitable to work with children to apply to have his or her criminal record expunged. One can only do this after ten years have passed since he or she was convicted. In order to do this the name of such person must be removed from Part B of the Register in terms of Section 128 of the Act. He or she must also not have been convicted of an offence and sentenced to imprisonment without the option of a fine during the ten year period.

In terms of Section 128(4) a person convicted more than once of an offence with regard to a child may not be removed from Part B of the Register. This seems more than reasonable to me. The abuse of children is such a serious offence that an offender shouldn't be given more than one chance.

An offender can bring an application to be removed from Part B on the ground that he or she has been rehabilitated. Regulation 45(2)(a) lists certain requirements for a person to be removed on the basis of rehabilitation.

In order for a person to be removed on the basis of rehabilitation there must be a report by a psychologist, psychiatrist or social worker that the applicant has been rehabilitated. Another requirement is that there must be an outline of steps taken by the offender to rehabilitate himself or herself since his or her name was put on the Register.

At last our law seems to be progressing in regard to crimes against children. Once your name is on that Register it is not all that easy to get it off. This is clearly in the best interests of all children who have been or are being abused. It is very well thought out legislature.

Child-related divorce matters

Can a "band-aid baby" save a marriage?

Annexure A

If there are minor children involved, the divorce summons must have an Annexure A attached to it.

Custody of children upon divorce

Jurisdiction in child custody matter

Joint decisions with respect to minor children

Using Rule 43 to apply for interim custody entitlement

Child custody for the father
When a child won't see his/her father or mother

Custody & drugs

An unborn child when divorcing

Grandparents & divorce

Challenging the family advocate report

Child maintenance matters

Maintenance & custody of adopteed children

Maintenance for the unborn child

Children suing for maintenance

Abduction & kidnapping of children

Abduction of a minor - Latest case law

The kidnapping of minor children by a parent

The international abduction of children from South Africa.

International divorces, children & overseas issues

Divorce when the children & spouse are overseas

When your child and ex move overseas - keeping contact

Other child-divorce matters

Handicapped children & the divorce rate

Children and marital problems

National register of those unsuited to working with children

Affairs

Affairs and their impact on divorce settlements.

Assets/debt and divorce

The duty to disclose your financials when divorcing.

Divorce & finances

Insufficent disclosure from a spouse on their assets/liabilities; the section 7 notice remedy (in terms of the Matrimonial Property Act)

Division of the joint estate in the event of a divorce.

Movable assets - what to take if you move out.

Protection of assets using a trust

Debt Review and Divorce

Working together and divorce

Conveyancing books: (1) The Practitioners Guide to Conveyancing and Notarial Practice (2) Consolidated Chief Registrar of Deeds' Circulars and Conference Resolutions, (3) The Law and Practising of Conveyancing in South Africa

Divorce & pension fund assets

Divorce and pension fund payouts

Get your info directly from spouse's pension fund, not indirectly from your spouse.

Undisclosed Pension Interest at divorce results in amendment to divorce order

Pension interest in the accrual calculation, and the related tax liability

State pension fund is unconstitutional

Navy pension payout post-divorce

Unmarried couples & pensions

Property and divorce

Be careful with how you word the clauses about selling the property upon divorce

Should you move out of the matrimonial house prior to divorce?

Property in your spouse's name

When parents have rights to stay at the property you want to sell on divorce.

Life insurance, death & divorce

Life insurance & divorce in South Africa

Death in the middle of divorce

Inheritance & divorce

Divorce & future expenses

Divorce & Future medical expenses

Marriage (COP vs ANC), cohabition and Universal partnerships

Antenuptial contracts

The postnuptial contract

Marriage in community of property
Short definition of a marriage in community of property
Forfeiture of benefits of marriage in community of property - Wijker v Wijker 1993
Kooverjee v Kooverjee


The co-habitation agreement

Rights for those in Universal partnerships

Treatise on the Contract of Partnership: By Pothier ; with the Civil Code and Code of Commerce ... (1854)

Null declaration of customary union

Divorce orders

Vary or rescind a divorce order

Change divorce order without court application

Non-compliance with a divorce order

Contempt of Consent Paper

Spangenberg & Another vs De Waal; Rule 43 order is set aside

Perjury & forgery

Perjury in the court papers

Divorce: Forging spouse's signature

Divorce courts

Divorce & the day in court

Divorce cases in the Cape High Court

Annulment instead of divorce

What is annulment of a marriage?

What are the grounds for annulment of a marriage?

Lady Justice

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