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

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.

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:

MANDATE cont. 1. Natural Fathers of Children born out of Wedlock Act, Recognition of Customary Marriages Act, Divorce Courts Amendment Act 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, Children's’ Status Act, 1987

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

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

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.

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. Bloemfontein Buffalo City Cape Town Durban George Johannesburg Kimberley Mafikeng Mtthatha Nelspruit P/Maritzburg Polokwane Port Elizabeth Pretoria Total

FUTURE EXPANSION PLAN Province F/AF/CSERVICE DELIVERY POINT F/AF/CPROPOSED ADDITIONAL SERVICE DELIVERY POINTS 1. Gauteng 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 TOTAL AVAILABLENEEDED

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