Services to young children from birth to six years in South Africa are guided and prescribed by legislation and policies for different sectors and departments. The ECD Info Hub is providing a one-stop page where you can find such information. Please note that only approved legislation and policies are provided. If you cannot find what you are looking for here, please go to the links page.
If there is any draft legislation (bills) and draft policies open for public comments, you will find information on these under News/Announcements.
For information on curriculum and guidelines, please click here to go the relevant page.
Legislation includes laws passed by Parliament, Regulations, Rules, Directions and similar. For the ECD Info Hub the primary focus is on those policies related to children from birth to five years and services to these children.
These are organised by topic on this page. If you are looking for something related to a specific area, please click on it below and it will take you to that part of this page.
If you are looking for a policy, please go to the policy page.
Disclaimer: While every effort has been made to ensure that the sources provided on this page is error free, should any discrepancy be found, the official version of the Act, Regulations and Rules and any subsequent amendments to the Act, Regulations and Rules, printed in the Government Gazette, will always take precedence over the information in this document.
General: Children
- Bill of rights of the Constitution of Republic of South Africa (1996)
- Children’s Act 38 of 2005
- Children’s Act 38 of 2005: General Regulations regarding Children
- Children’s Act 38 of 2005: General Regulations regarding Children: Annexure B: National Norms and Standards
- Norms, standards and practice guidelines for the Children’s Act, 2010 (DSD)Children’s Act 38 of 2005: General Regulations regarding Children
- Regulations relating to children’s courts and international child abduction in terms of the Children’s Act, 2005 (act no. 38 of 2005)
- Legislation Name 1
- Legislation Name 2
Early learning and basic education
- South African Schools Act 84 of 1996
- South African Schools Act: Exemption of parents from payment of school fees in public schools (Gazette 29311, Regulation Gazette 8566)
- Regulations for Safety Measures at Public Schools
- Regulations to Prohibit Initiation Practices in Schools
- Regulations relating to Safety Measures at Independent Schools
- National Education Policy Act 27 of 1996
- Adult Basic Education and Training Act 52 of 2000
- Skills Development Act 97 of 1998
- Legislation Name 1
- Legislation Name 2
Health / Environmental health
- National Health Act 61 of 2003
- National Health Act: National health norms and standards for premises and acceptable monitoring standards for environmental health practitioners (15 December 2015)
- Mental Health Care Act 17 of 2002
- Legislation Name 1
- Legislation Name 2
Child protection
- Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007
- Criminal Law (Sexual Offences and Related Matters) Regulations
- Domestic Violence Act 116 of 1998
- Regulations under the Domestic Violence Act 116 Of 1998
- Sexual Offences Act 23 of 1957
- Abolition of Corporal Punishment Act 33 of 1997
- Legislation Name 1
- Legislation Name 2
Social protection (including grants)
- Social Assistance Act 13 of 2004
- Maintenance Act 99 of 1998
- Regulations relating to maintenance
Citizenship
- South African Citizenship Act 88 of 1995
- Births and Deaths Registration Act 51 of 1992
- Legislation Name 1
- Legislation Name 2
Governance and finance
- Public Finance Management Act 1 of 1999
- Lotteries Act 57 of 1997
- Promotion of Access to Information Act 2 of 2000
- Protection of Personal Information Act 4 of 2013
- Nonprofit Organisations Act 71 of 1997
Emergencies and disaster
- Disaster Management Act 53 of 2005
- Legislation Name 1
- Legislation Name 2
Human resources
- Occupational Health and Safety Act 85 of 1993
- Unemployment Insurance Act 63 of 2001
- National Minimum Wage Act, Act 9 of 2018
- Unemployment Insurance Contributions Act 4 of 2002Fund-raising Act 107 of 1978
- South African Council for Educators Act 31 of 2000
The High Courts and Constitutional Council make judgments from time to time that also impact on the young children and services to them. The ECD Info Hub has selected a number of important judgments that may interest you:
You can also visit the following website to other/ more judgments:
Judgments
Centre for Child Law v Director General: Department of Home Affairs and Others
Centre for Child Law v Director General: Department of Home Affairs and Others
The rights of all children, including young children, are protected in the Bill of Rights of the Constitution of the Republic of South Africa, 1996. On this page you will find resources and links to the rights of children.
About child rights
Download a short guidance note on child rights here.
South Africa
Bill of Rights (Constitution of the Republic of South Africa)
Africa
African Charter on the rights and welfare of the child (African Union)
The African Union (AU) has a special committee on children’s rights, it is called the African Committee of Experts on the Rights and Welfare of the Child (ACERWC). You will find more information on their website: https://www.acerwc.africa/en
- Country reports to the ACERWC
- Concluding observations of the ACERWC on South Africa’s implementation of the African Charter on the rights and welfare of the child
United Nations
United Nations Convention on the Rights of the Child
- Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography
- Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict
- Optional Protocol to the Convention on the Rights of the Child on a communications procedure
The United Nations has a special committee on children’s rights, it is called United Nations Committee on the Rights of the Child (UN-CRC). You will find more information on their website: https://www.ohchr.org/en/treaty-bodies/crc
- Country reports to the UN-CRC
- Concluding observations of the UNCRC on South Africa’s implementation of the United Nations Convention on the Rights of the Child and the Optional Protocols.
General Comments: The United Nations Committee on the Rights of the Child publishes from time to time General Comments where the Committee makes recommendations issue relating to children to which it believes governments from across the world, including South Africa, should devote more attention to. Below are links to two General Comments that pertains to or specifically includes young children:
- General Comment No. 7 (2005): Implementing child rights in early childhood
- General Comment No. 9 (2006): The rights of children with disabilities
There are many other General Comments available on the Committee’s website.
The following are useful links to find policy and legislation
Government
- Department of Basic Education
- Department of Social Development
- Department of Health
Parliament
- Parliament of the Republic of South Africa
- PMG
Other
- SAFLII
- Centre for Child Law
- Children’s Institute, University of Cape Town
