Children's Act Reform: Dual Amendment Bills Proceed on Separate Timelines

Posted 31 May 2026 Written by Acts Online
Category Family Law

Brought to you by SA Legal Academy: In terms of the ongoing legislative reform of the Children’s Act, No. 38 of 2005, two separate amendment bills are currently proceeding through different regulatory pipelines under the Department of Basic Education (DBE) and the Department of Social Development (DSD).

The first measure is an early childhood development (ECD) focused draft Children’s Amendment Bill, which was approved by Cabinet on 6 May 2026 and is prepared for tabling in Parliament. This Bill, originally released in draft form in May 2024, aims to facilitate universal access to regulated, standardised early learning and development opportunities by removing administrative barriers. Responsibility for ECD was officially transferred from the DSD to the DBE on 1 April 2022, and this Bill represents the legislative finalisation of that transfer.

The second measure is a separate draft Children’s Amendment Bill being drafted by the DSD, focusing on the care and protection of vulnerable children and the foster care system. This process stems from a 2011 Gauteng High Court (Pretoria) ruling requiring a comprehensive legal solution to foster care challenges. While some urgent foster care reforms were enacted via the Children’s Amendment Act, No. 17 of 2022 (which became fully effective in May 2025), the remaining care and protection provisions were deferred.

The National Assembly’s Portfolio Committee on Social Development has expressed concern over revised timelines submitted by the DSD. The department indicated that this second Bill will only be submitted to the National Economic Development and Labour Council (NEDLAC) by July 2026, delaying its formal tabling in Parliament until March 2027.

What this means for you, your business, or your clients

  • For yourself: No direct individual compliance obligations; legal professionals must track the split legislative tracks to advise on distinct ECD and child care mandates.
  • For your business: ECD centres, private schools, and educational institutions must prepare for simplified registration and standardised learning frameworks once the DBE’s Bill is enacted.
  • For your clients: Non-profit organisations, social work agencies, and foster care service providers must note that comprehensive legislative reforms to the broader care and protection system are delayed until at least March 2027, meaning they must continue operating under the 2022 Amendment Act frameworks.

Originally published at https://legalacademy.co.za/news/read/in-the-spotlight-children-s-amendment-bill-of-which-there-may-well-be-two

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