1. OFFICE OF THE FAMILY ADVOCATE Presentation to the Justice and Constitutional Development Portfolio Committee 22 March 2006 Adv. P.I. Seabi, Chief Family Advocate

2. WHO ARE WE The office of the Family Advocate was created by the promulgation of the Mediation in Certain Divorce Matters Act, 1987, which came into operation in 1990 (“The Principal Act”) This Act made provision for appointment of admitted advocates to be styled Family Advocates (F.A.) as well as social workers to be styled Family Counselors (F.C.). The F.C. assists the F.A. during enquiries by providing an expert psycho-social report and being expert witness at the hearing of the matter. The FA.’s core function is to perform specific statutory functions covering various areas of Family Law and Private International Law. The principle underlying the functions of the Family Advocate is the best interests of minor and/or dependent children.

3. MANDATE Prior to 1994, the F.A. derived its mandate from the Principal Act (only), which was limited to divorces heard in the High Court of the then Republic of South Africa. The mandate was subsequently extended through the following legislation:

4. MANDATE cont. 1. Natural Fathers of Children born out of Wedlock Act, 1997 2. Recognition of Customary Marriages Act, 1998 3. Divorce Courts Amendment Act 1998 4. Domestic Violence Act, as amended by the Judicial Matters Second Amendment Act 2005 (JMSAA) 5. Maintenance Act, also as amended by the JMSAA 6. The Hague Convention on the Civil Aspects of International Child Abduction Act, 1996 7. Children's’ Status Act, 1987

5. MANDATE cont. The High Court as upper guardian of all minor children, refers any matter it deems necessary to the F.A. Inter-country Adoption matters brought before the High Court

6. SERVICE DELIVERY POINTS The following offices have been established: Gauteng- Pretoria, Johannesburg Free State – Bloemfontein Western Cape- Cape Town, George Eastern Cape – P.E, Mthatha, Buffalo City Limpopo – Lebowakgomo Mpumalanga – Nelspruit Northern Cape – Kimberly Kwazulu –Natal – Durban, Pietermaritzburg North West - Mafikeng

7. FAMILY COUNSELLORS Since its inception the office of the Family Advocate has been dependent on the department of Social Development to second social workers to be appointed as Family Counsellors. Such appointments are made by the Minister of Justice and Constitutional Development in terms of Section 3 of the “Principal Act”. To date only 19 such secondments have been made, in respect of 4 provinces. No secondments are available in the Western Cape, Mpumalanga, Limpopo, Northern Cape and North West. In an endeavour to alleviate the problem, a new post class: Family Counsellor was created on the F.A. establishment. Thirty eight out of forty posts have been filled. An additional 10 posts will be created during 2006 / 7 financial year.

8. ANNUAL STATISTICS Name of officeNo of F.A. No of F.C. High Court Pleading Divorce Court Pleading Settlements Agreement Enquiries Requested by parties Enquiries initiated by F.A. Enquiries by Court Correspondence In / Out Enquiries finalized Reconc iliation 1. Bloemfontein2393777858023541135827422760 2. Buffalo City 111036935837625681241118435012 3. Cape Town54968951962108831164325893118146157058 4. Durban4593725508578844532392774169122 5 George 1161735325016160781639170218543 6 Johannesburg541565797208352204703028280769829 7 Kimberley 11377 367 199959010314726232070 8. Mafikeng 112419711583413226249630 9. Mtthatha 112732214 63 17 194810121352 10. Nelspruit 112031442536012258169514 11P/Maritzburg 12428517527215179100634470288489 12 Polokwane1193919763160095364919628 13. Port Elizabeth 43216418535732261471964830397775511 14. Pretoria54371015182355682025972352036754184 Total3332227241569899524259113216623681049826842482

9. FUTURE EXPANSION PLAN Province F/AF/CSERVICE DELIVERY POINT F/AF/CPROPOSED ADDITIONAL SERVICE DELIVERY POINTS 1. Gauteng 5555 5555 Johannesburg Pretoria 10 Soweto Hammanskraal Soshanguve 2. Free State43Bloemfontein5 7 Phutaditjaba, Welkom 3. North West11Mafikeng46Thlabane Potchefrstroom 4. Western Cape57Cape Town George 1012Worcester Vredendal Mitchells Plain Khayelitsha Beaufort West 5. Eastern Cape56Port Elizabeth Buffalo City Umtata 57Graaff Reinet Queenstown 6. Limpopo11Lebowakgomo47Mokopane LouisTrichard Nylstroom 7. Mpumalanga11Nelspruit57KwaMhlanga Barberton 8. Northern Cape11Kimberly47Upington Springbok 9. Kwazulu –Natal57Durban Pietermaritzburg 810Newcastle, Ntuzuma Kokstad Nongoma TOTAL33375573 AVAILABLENEEDED

10. BUDGET The total allocation for the F.A for 2005/6 was R34,4m. Current personnel expenditure is R31,8m No over/under expenditure is anticipated in the current financial year, due to scaled down activities in the provinces An additional allocation of R29m towards personnel expenditure will make the efficient execution of our mandate possible