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01 Feb, 2015 - 00:02 0 Views

The Sunday News

According to the Children’s Act: Prevention of neglect, ill-treatment and exploitation of children and young persons

7. Ill-treatment or neglect of children and young persons

(1) Subject to subsection (4), if any parent or guardian of a child or young person assaults, ill-treats, neglects, abandons or exposes him or allows, causes or procures him to be assaulted, ill-treated, neglected, abandoned or exposed in a manner likely to cause him unnecessary suffering or to injure or detrimentally to affect his health or morals or any part or function of his mind or body, he shall be guilty of an offence.

(2) Subject to subsection (4), a parent or guardian of a child or young person shall be deemed to have abandoned or neglected that child or young person if he has —

(a) failed to provide or to pay for adequate food, clothing or lodging for him or failed to pay for the maintenance of a child or young person who has been placed in an institution; or

(b) failed to provide or pay for dental, medical or surgical aid or other effective remedial care necessary for his health or well-being; or

(c) left the child or young person in the care of some other person or an institution and thereafter has shown inadequate interest in the well-being of that child or young person for a period in excess of one year; or

(d) in the case of a child, failed to provide adequate supervision of that child; or

(e) in the case of an infant, left that infant unattended in circumstances which were likely to cause the infant physical or mental distress or harm.

(3) A person may be convicted of an offence specified in subsection (1) notwithstanding that —

(a) actual suffering or injury or detriment to health, morals, mind or body has been obviated by the action of another person; or

(b) actual suffering or injury or detriment to health, morals, mind or body has not occurred; or

(c) the child or young person, who is the subject of the charge, has died.

(4) Proof that any failure which is the subject of a charge in terms of subsection (1) was due to a lack of means and that such lack of means was due to none of the following —

(a) unwillingness to work;

(b) misconduct;

(c) the incurring of debts or obligations which, in all the circumstances of the case, are unreasonable;

(d) omission to take reasonable steps to obtain relief from any other person legally liable to maintain the child or young person concerned or from any association, authority or institution whose purpose is the relief of indigency; shall be a good defence to the charge.

(5) Any person convicted of an offence in terms of this section shall be liable to a fine not exceeding level seven or to imprisonment for a period not exceeding two years or to both such fine or such imprisonment:

Provided that if it is proved that such person would to his knowledge directly or indirectly acquire any property or an interest in any property or indirectly derive any benefit from any such acquisition by any other person in the event of the death of the child or young person in respect of whom the offence was committed, he shall be liable to a fine not exceeding level ten or to imprisonment for a period not exceeding five years or to both such fine and such imprisonment.

(6) Nothing in this section shall be construed as derogating from the right of any parent or guardian of any child or young person to administer reasonable punishment to such child or young person.

Corruption of children and young persons

(1) Any person who allows a child or young person to reside in or to frequent a brothel shall be guilty of an offence.

(2) Any person who causes or conduces to the seduction, abduction or prostitution of a child or young person or the commission by a child or young person of immoral acts shall be guilty of an offence.

(3) For the purposes of subsection (2), a person shall be deemed to have caused the seduction, abduction or prostitution of a child or young person who has been seduced or abducted or has become a prostitute if he knowingly allowed the child or young person to consort with or enter or continue in the employment of any prostitute or person of known immoral character.

(4) Any person convicted of an offence in terms of this section shall be liable to a fine not exceeding level ten or to imprisonment for a period not exceeding five years or to both such fine and such imprisonment.

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