Poverty is no reason to separate families - LHR and Child Law Centre
Lawyers for Human Rights (LHR) and the Centre for Child Law (CCL) at the University of Pretoria will approach the North Gauteng High Court today at 14:00 to seek an urgent order for the release of three children from unlawful custody by state officials, most notably from the Department of Social Development (DSD).
On a terrifying Friday 13 August 2010, several state agencies including the DSD officials, Tshwane Metro police and the Department of Home Affairs swooped down on a number of people in Pretoria and forcibly removed their children without any due process in law. One client was working as a shoe repairman with his three-year old daughter close to him while his wife was in hospital. While he was working, officials in green bibs approached him and informed him that he could not prove that the child was his and they were therefore taking her away from him. Another mother, who is blind and begging to make ends meet, had her baby removed from her arms without any explanation. Her assistant was also arrested.
When they went looking for their children at local places of safety, they were informed that they would be deported and their children would follow later.
One of the mothers has been detained since that time at a school for the blind and denied access to speak to her attorney and has only been given a few precious minutes to see her child.
“This is a horrific example of the disregard for the rights of poor and vulnerable children in our society,” said attorney Carina DuToit at the Centre for Child Law.
No proper investigation was conducted into their well-being and the children were forcibly removed from their parents. Parents pleaded for the return of their children and were only met with threats of deportation.
The Children’s Act sees the removal of children from their parents’ custody as the most dire and intrusive means of child protection. These officials chose to spend their time organising a well-publicised raid in full view of the media rather than conducting enquiries or providing these parents with the means to take care of their children.
LHR and CCL will approach the court and seek an order for the children’s release into their parent’s care as well as a further application into the unlawful actions of the state officials who are responsible for the care of children under the new Children’s Act.
We hopes that this will provide clarity in the law and stop any further operations which focus more on getting media attention than on the best interests of the child.
For more information, please contact:
Louise du Plessis (LHR) at 082 346 0744
Dr. Ann Skelton (CCL) at 082 443 2702