Defining child abuse

The Children’s Act (Act 38 of 2005) defines child abuse as any intentional harm to a child, including:

• Assault or injury
• Sexual abuse or allowing it
• Bullying by peers
• Exploitative labour practices
• Exposure to harmful psychological or emotional behaviour
• Corporal punishment is now illegal in South Africa, which includes spanking a child as a form of discipline.

Who must report

Section 110 of The Children’s Act lists professionals, such as educators, social workers, and doctors, required to report child abuse or neglect to authorities. If they have reasonable grounds to suspect abuse, they must report it.

Section 54 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act (Act 32 of 2007) mandates that anyone who knows of a sexual offence against a child must report it to the police immediately.

When and where to report

Section 110 of the Children’s Act requires prompt reporting of abuse to the appropriate authority (Child protection organisation), while the Sexual Offences Act mandates immediate reporting of sexual abuse to the South African Police Services (SAPS).

What are the risks involved for the person reporting

The Children’s Act, Sexual Offences Act, and Domestic Violence Amendment Act protect anyone who reports child abuse, neglect, or domestic violence in good faith and with reasonable grounds from civil liability (meaning you cannot be sued).

Consequencs of not reporting abuse

The Sexual Offences Act, Domestic Violence Amendment Act, and Children’s Act mandate reporting; failure to do so is an offence punishable by a fine, up to 5 years’ imprisonment, or both.

Sources

• Children’s Act, Act 38 Of 2005.
• Constitution of the Republic of South Africa, 1996.
• Criminal Law (Sexual Offences and Related Matters) Amendment Act, Act 32 of 2007.
• Department of Justice and Constitutional Development, 2012, National Policy Framework: Management of Sexual Offence Matters.