COMMENTARY ON THE IMPACT OF THE CHILDREN’S ACT ON SELECTED ASPECTS OF THE CUSTODY AND CARE OF AFRICAN CHILDREN IN SOUTH AFRICA

The Children’s Act 38 of 2005 has consolidated and updated the principles relating to care and protection of children. This article does not deal with the multifarious provisions of the Act, but with those that have an impact on African cultural practices and customary law. The author highlights the need for taking issues relating to customary law and culture into account in implementing the Act.