Under South African law, \u2018guardianship\u2019, \u2018care\u2019, and \u2018contact\u2019 are distinct legal concepts within the domain of child law. Primarily governed by section 18 of the Children\u2019s Act (\u2018the Act\u2019), these parental rights and responsibilities, which delineate the legal relationship between parents (or guardians) and minor children, are helpfully explained below.<\/p>\n
Guardianship<\/strong><\/p>\n According to section 18(2)(a) of the Act, \u2018guardianship\u2019 refers to the parental right and responsibility \u2018to act as guardian of the child\u2019. In essence, guardianship enables a minor\u2019s legal guardian to make major decisions on their behalf, including the provision of medical treatment and choice of educational institution.<\/p>\n Fleshing out this concept, section 18(3) of the Act specifies that a parent \u2013 or other individual \u2013 who acts as a child\u2019s guardian is required to represent or assist the child in contractual, administrative, or legal matters and to safeguard and administer the child\u2019s property and proprietary interests. In addition, the provision requires a child\u2019s guardian to consent to various listed acts impacting the child, including the child\u2019s marriage, application for a passport, relocation to a foreign jurisdiction, and alienation of immovable property registered in their name.<\/p>\n Notably, if a child has more than one guardian, the consent of each person is required for the acts delineated in section 18(3)(c), unless a competent court rules otherwise. In all other instances, either guardian is competent to independently exercise their guardianship responsibilities, subject to a court order.<\/p>\n Care <\/strong><\/p>\n Under section 1(a) of the Act, \u2018care\u2019 is widely defined to mean providing a child with, inter alia<\/em>, suitable shelter, necessary financial support, and living conditions conducive to a child\u2019s well-being, health, and development \u2013 within one\u2019s available means. Further, it encompasses promoting and protecting a child\u2019s well-being, safeguarding them from physical and emotional harm, accommodating any special needs, guiding their upbringing, education, and mental development, and maintaining a sound relationship with them. In addition, \u2018care\u2019 extends to assisting and advising a child in their decision-making in a manner appropriate to their age, developmental stage, and maturity, guiding their conduct humanely, and otherwise ensuring that their best interests are paramount importance in all matters concerning them.<\/p>\n