By Thoboloko Ntšonyane
MASERU
The National Assembly on Monday passed the much-anticipated Children’s Protection and Welfare (Amendment) Bill, 2023, aimed at safeguarding children’s welfare and promoting their rights.
The move has been widely welcomed by various stakeholders, who see it as a crucial step towards addressing societal challenges faced by children.
This piece of legislation makes “provision for the promotion and protection of the rights, general wellbeing and social development of children; the protection and care of children; the establishment of structures to provide care, support and protection of children; and for related matters”.
The Children’s Protection and Welfare (Amendment) Bill, 2023 seeks to enhance the rights and welfare of children by reforming the legislation from 2011.
The Bill also places an emphasis on the role of parents and guardians in ensuring the survival, protection, and development of children. It mandates parents or guardians to take full responsibility for a child’s welfare, including education, health, and overall well-being.
It prohibits the neglect of these duties and establishes penalties for failing to provide necessary care and protection, ensuring that children grow up in a safe and supportive environment.
The Bill proposes the establishment of a Children’s Court, which is empowered to make decisions concerning the welfare of children. This includes the placement of children in foster care, the reunification of children with their biological parents, and the termination of foster care where necessary.
The Children’s Court is also tasked with overseeing cases involving offences against children, ensuring a child-friendly judicial process.
The Bill introduces strict consequences for violations related to child protection.
Offences such as neglecting a child’s education, health, or general welfare are punishable by fines not exceeding M10 000- or 10-years imprisonment or both.
Those involved in child trafficking or exploitation face severe penalties, including life imprisonment for the gravest offences, ensuring that the rights and welfare of children are safeguarded comprehensively.
It addresses critical issues affecting children, such as protecting them from harmful cultural practices and ensuring their social development.
The Bill emphasises safeguarding children’s rights within educational settings to promote equal access to education for all. It makes it a punishable offence for schools to expel or deny education to pregnant girls, ensuring that their right to education is protected.
By criminalising such discriminatory practices, the legislation aims to eliminate barriers that have historically hindered young mothers from continuing their education.
The Bill proposes that children aged 12 should be consulted for fostering before a decision is made to take them to foster care.
This is further seen as supporting the broader objective of protecting the human rights of pregnant and parenting adolescents, ensuring they are not subjected to stigma and exclusion within the school environment while their male counterparts are not.
A member of Parliament, an (MP) for Makhaleng No.50 Hon Mootsi Lehata commended this upcoming law for ensuring that girls are protected and are not stigmatised.
While the Bill addresses discrimination against children, the Member of Parliament for ‘Maletsunyane No. 51, Hon Peiso Kelane urged the Minister of Youth and Social Development to ensure that no child is expelled from school due to an inability to afford a school uniform or for wearing a torn uniform.
He also expressed concern about schools that expel students because their parents or guardians have not provided the required toilet paper.
Mphosong No.7 MP, Hon ‘Mamokete Ntškhe said the nation’s future will be determined by how it treats its children, commending the Bill for its comprehensive approach to tackling issues affecting young people.
The Bill is expected to provide a more robust legal framework for protecting children’s rights, ensuring their safety, and promoting their well-being.
PR member Honourable ‘Malelaka Lehohla Malakane expressed confidence that this Bill, once passed into law, will address the scourge of child abuse.
She also voiced concern about a new trend of abuse increasingly affecting boys at an alarming rate.
It now stands referred to the Senate.