Original Research

Ouerlike gesag en die gemolesteerde kind - die toereikendheid van die wet op kindersorg 74 van 1983

J.A. Robinson
Koers - Bulletin for Christian Scholarship/Bulletin vir Christelike Wetenskap | Vol 56, No 1 | a730 | DOI: https://doi.org/10.4102/koers.v56i1.730 | © 1991 J.A. Robinson | This work is licensed under CC Attribution 4.0
Submitted: 25 January 1991 | Published: 25 January 1991

About the author(s)

J.A. Robinson, Departement Privaatreg Potchefstroomse Universiteit vir CHO POTCHEFSTROOM, South Africa

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Abstract

An analysis of the Child Care Act 74 of 1983 clearly illustrates that the Act is not directed at serving the best interest of the sexually abused child. Instead, it would seem that the priority placed on the interest of the community (by emphasizing the role of the criminal procedure) or the fitness of the parents to have custody of the child in child-care proceedings, is extremely detrimental to the interest of the child. The suggestion is put forward that it has become urgent for a family court to be established. In matters of this kind such a court can do valuable work to serve the best interest of the child by focussing on his personal situation, his having been the victim of the abuse.

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