Evaluating the children’s right to be heard in South African courts

Abstract

This research proposal is motivated by the slow implementation of the children’s right to be heard directly in South African courts, that majority of children irrespective of their age differences and gaps are still heard through representatives. In terms of section 28(3) “child” means a person under the age of 18 years. Section 28(1)(h) every child has the right to have a legal practitioner assigned to the child by the state, and at state expense, in civil proceedings affecting the child, if substantial injustice would otherwise result. This right was established in post-1994 South Africa, following the end of apartheid, a time during which the majority of South Africans had their human rights infringed. Since then, legislations have also been passed to address problems that have an impact on children. Child participation and decision-making in problems involving children are covered by Sections 10; 15(2)(a); 31; 55; and 61 of the Children’s Act. Sections 10 Children’s Act provides for Child participation, will be discussed in chapter 4; Section 15(2)(a) of the Children’s Act provides for enforcement of rights in which the child could approach the competent court if the matter involved affects the child. Section 31 of the Children’s Act provides for major decisions involving the child, it will be discussed in chapter 1.4; Section 55 of the Children’s Act which provides for legal representation of Children will be discussed in chapter 2.2 and Section 61 of the Children’s Act provides for participation of children as discussed in chapter.