South African High Court orders urgent strengthening of child protection register

The Gauteng High Court in Pretoria has issued a landmark ruling ordering the South African government to strengthen the implementation and enforcement of the National Child Protection Register (NCPR). The judgment follows legal action brought by the Teddy Bear Foundation and SECTION27 against several government bodies, including the Departments of Social Development, Justice and Constitutional Development, and Basic Education.

The court declared the Department of Social Development’s failure to maintain and update the NCPR unconstitutional. The NCPR is designed to prevent abuse by recording both children who have suffered neglect or abuse and individuals deemed unsuitable to work with children.

As part of the order, the Department of Justice and Constitutional Development must report quarterly to the Department of Social Development regarding individuals found unsuitable for child-related work. Additionally, the South African Council of Educators (SACE) is required to report on the number of new educators on its roll, whether they have been vetted, and the status of misconduct cases. These measures aim to address significant shortcomings in the vetting process that previously allowed unsuitable individuals to potentially access learners in educational settings.