A Reflection on the Intersection between the Role of State and Non-State Actors in Providing Alternative Care for Children in Tanzania

by | May 11, 2026 | SLR, SLR V36 I2

A Reflection on the Intersection between the Role of State and Non-State Actors in Providing Alternative Care for Children in Tanzania

Author: Veronica Buchumi

ISSN: 1996-2193
Affiliations: LLB LLM LLD, Postgraduate Diploma in Legal Practice Lecturer, University of Dar es Salaam School of Law
Source: Stellenbosch Law Review, Volume 36 Issue 2, 2025, p. 141-162
https://doi.org/10.47348/SLR/2025/i2a3

Abstract

The interplay between the role of state and non-state actors in providing alternative care services for children in Tanzania is a phenomenon requiring closer examination. The legal and institutional framework regulating alternative care services vests the care and discharge of services for children deprived of their family environment primarily in the state. The law, however, acknowledges that the state cannot fully and effectively discharge this duty without the support and cooperation of non-state actors and the community. Thus, the state can enter into agreements with various non-state actors (NSAs) to provide selected alternative care services. It is apparent that alternative care services for children in Tanzania are predominantly led by non-state actors, who appear to have adequate resources to facilitate the provision of various services. The main argument of this contribution is that imbalanced power relations between state and non-state actors affect the creation of a clear national vision towards quality alternative care services for children and jeopardise the realisation of the right to alternative care.

Navigating the Complexity around Securing Parental Consent for Children to Testify in Child Sexual Abuse Misconduct Cases against Educators

by | May 11, 2026 | SLR, SLR V36 I2

Navigating the Complexity around Securing Parental Consent for Children to Testify in Child Sexual Abuse Misconduct Cases against Educators

Authors: Bernard Bushe

ISSN: 1996-2193
Affiliations: LLB LLM LLD, Senior Consultant at Talent Xplora Group, South Africa
Source: Stellenbosch Law Review, Volume 36 Issue 2, 2025, p. 163-188
https://doi.org/10.47348/SLR/2025/i2a4

Abstract

This contribution investigates the procedural and legal challenges associated with securing child participation in disciplinary proceedings against educators accused of sexual misconduct. While such offences are ordinarily prosecuted under the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007, they also trigger internal disciplinary processes within the education sector, particularly those administered by employers, the Education Labour Relations Council (“ELRC”), and the South African Council for Educators (“SACE”). These forums frequently rely on child testimony to establish misconduct, yet parental refusal, trauma-related withdrawal and fragmented multi-forum procedures often obstruct accountability. This contribution identifies a critical gap in the legal framework: the absence of mechanisms to ethically compel child participation when parental consent is withheld. Drawing on statutory analysis, case law and comparative international perspectives, the contribution argues for legislative reform grounded in the parens patriae doctrine and constitutional protections. Key recommendations include codifying state intervention, streamlining testimony across forums, and establishing specialised support for child witnesses. These reforms are essential to safeguarding children and strengthening professional accountability in the education sector.

Addressing the Escalation of Child Pornography: Strengthening Child Protection Measures in Sub-Saharan Africa

by | May 11, 2026 | SLR, SLR V36 I2

Addressing the Escalation of Child Pornography: Strengthening Child Protection Measures in Sub-Saharan Africa

Authors: Hadiza O Okunrobo

ISSN: 1996-2193
Affiliations: PhD, Senior Lecturer, Department of Public Law, Faculty of Law, University of Benin, Nigeria
Source: Stellenbosch Law Review, Volume 36 Issue 2, 2025, p. 189-206
https://doi.org/10.47348/SLR/2025/i2a5

Abstract

In 2022, over 32 million child sexual abuse claims were filed globally. Reports to a global child sexual abuse materials clearinghouse increased by 15% from 2005 to 2020 and by 35% between 2020 and 2021, largely due to a rise in the use of digital technology that facilitates the distribution of exploitative content. The rapid growth of social media and internet connectivity has facilitated the spread of child pornography, heightening risks for children. The safety of children in Sub-Saharan Africa is under serious threat due to the increase in child pornography. Immediate action is necessary to enhance protection measures. Using a doctrinal analysis and review of secondary data, this contribution examines the issues related to child pornography and proposes improvements to child safety protocols in this region. In Sub-Saharan Africa, several factors, including poverty, insufficient funding, ignorance and displacements as a result of war or conflict, lax enforcement of the law, cultural taboos, and stigma around talking about sexuality and child abuse, obstruct initiatives to increase awareness and offer assistance to victims, making children more susceptible to exploitation and abuse. A comprehensive strategy is needed to enhance child safety, including strengthening laws against the creation and distribution of child pornography and improving law enforcement’s ability to investigate and prosecute offenders. To empower children, it is essential to fund education and awareness campaigns, establish child-friendly reporting systems, provide victim support services and promote safe internet usage habits. In conclusion, combatting child pornography in Sub-Saharan Africa requires a concerted effort that includes legal reforms, capacity-building initiatives and community engagement. By prioritising the protection of children and addressing the root causes of exploitation, stakeholders can work towards creating a safer environment for all children in the region.

The Proposed Prohibition on Child Marriage in South Africa: Exploring the Implications and Imagining a Retroactive Legal Position for the Married Child

by | May 11, 2026 | SLR, SLR V36 I2

The Proposed Prohibition on Child Marriage in South Africa: Exploring the Implications and Imagining a Retroactive Legal Position for the Married Child

Authors: Prinslean Mahery & Gino Frantz

ISSN: 1996-2193
Affiliations: LLB LLM, Senior Lecturer: University of the Witwatersrand; BA LLB LLM, Lecturer: University of the Witwatersrand
Source: Stellenbosch Law Review, Volume 36 Issue 2, 2025, p. 207-234
https://doi.org/10.47348/SLR/2025/i2a6

Abstract

South Africa (SA) still legally permits child marriages. A consistent call has been made by the Committee on the Rights of the Child (CRC) as well as the African Committee of Experts on the Rights and Welfare of the Child (ACERWC) to SA to abandon this practice. Recent legislative developments indicate that SA might heed such a call. The draft Marriage Bill of 2023 restricts the marriageable age to anyone 18 years or older. Should this law become operational, it will effectively prevent anyone from entering into marriage as a child. Although this law reform would be a victory against child marriage, it will come with one notable limitation – prospective legal application. In recent discussions between the CRC and the South African delegation on the latest country report, a committee expert asked a pertinent question: ‘What was being done to help children already married?’ The position and vulnerability of the South African child in relation to private law, public law and international law sources emphasise the significance and importance of the prospective prohibition on child marriage in South Africa, but fail to account for children already married. In imagining a legal position where South Africa has already banned child marriage, what must be questioned is whether the prohibition will impact the rights and status of the already-married child and whether a retroactive operation should be included when enacting the change to the legislative framework. Potential retroactivity would have a drastic impact on the complex nature of rights, duties and entitlements of children in existing child marriages. Our research intends to examine whether the potential negative impacts of retroactivity when ending child marriage can and should be justified in the best interest of married children.

The Normative Dilemma(s) in the African Human Rights System and its Effects on the Development of Human Rights Jurisprudence: A Focus on the African Court on Human and Peoples’ Rights and The African Committee of Experts on the Rights and Welfare of the Child

by | May 11, 2026 | SLR, SLR V36 I2

The Normative Dilemma(s) in the African Human Rights System and its Effects on the Development of Human Rights Jurisprudence: A Focus on the African Court on Human and Peoples’ Rights and The African Committee of Experts on the Rights and Welfare of the Child

Authors: Robert Doya Nanima & Benyam Dawit Mezmur

ISSN: 1996-2193
Affiliations: LLB Dip.LP LLM LLD, Associate Professor, University of Western Cape; LLB LLM LLD, Professor, University of Western Cape
Source: Stellenbosch Law Review, Volume 36 Issue 2, 2025, p. 235-268
https://doi.org/10.47348/SLR/2025/i2a7

Abstract

The butterfly effect illustrates how a small oversight, if left unchecked, can have significant consequences over time. A pertinent example of this principle is found in the Protocol establishing the African Court of Human and Peoples’ Rights, which notably does not grant the African Committee of Experts on the Rights and Welfare of the Child direct access to this court. This omission is particularly striking when compared to the limited access afforded to the African Commission on Human and Peoples’ Rights. To address this impasse, the Committee sought an advisory opinion from the African Court regarding its access. This contribution critically analyses the Court’s advisory opinion in relation to the submissions made by the Committee. The analysis is reflective and proffers some insights worthy of future consideration. It attempts to analyse some of the premises used by the Court to arrive at the final decision in its advisory opinion. The reasons provided, while mostly procedural, cannot shy away from some of the substantive child rights principles that informed, and should have informed the advisory opinion. The sources used for this reflection include submissions by the African Committee, the advisory opinion, the procedural rules of the African Court, the experiences of other regional courts and the jurisprudence of the Court.

Towards a Gender-Inclusive Belgian Parentage Law? A Multidisciplinary Analysis on the Position of Homosexual Couples and their Children

by | May 11, 2026 | SLR, SLR V36 I2

Towards a Gender-Inclusive Belgian Parentage Law? A Multidisciplinary Analysis on the Position of Homosexual Couples and their Children

Author: Emilie Hermans

ISSN: 1996-2193
Affiliations: LLD Legal Advisor, Royal Federation of Belgian Notaries, Volunteer Research Associate, University of Hasselt
Source: Stellenbosch Law Review, Volume 36 Issue 2, 2025, p. 269-289
https://doi.org/10.47348/SLR/2025/i2a8

Abstract

Belgian parentage law has historically been rooted in a traditional, heteronormative framework. While the Act of 5 May 2014 granted legal parentage rights to the female partner of a birth mother, homosexual male couples remain excluded from similar legal recognition. They must still rely on adoption or surrogacy, both of which pose significant legal uncertainties. This contribution examines whether such disparities are tenable and explores possible solutions.
Adopting a multidisciplinary approach, the contribution first provides a legal historical analysis of the evolution of parentage law for same-sex couples in Belgium. Secondly, it reviews social science research on child well-being in diverse family structures, emphasising that parenting quality and social support are more crucial than family composition. Finally, it presents a concise comparative legal analysis of Dutch law. In particular, it analyses the Dutch legislative proposal of 3 July 2023, which introduces a legal framework for surrogacy. This proposal seeks to balance the rights and interests of intended parents, the surrogate mother and the child. It particularly establishes that intended parents will be recognised as the child’s legal parents from birth and will be listed as such on the birth certificate.
The findings suggest that Belgium’s current legal framework does not provide equal protection for children of homosexual parents. The absence of clear surrogacy regulations creates inconsistencies, placing intended parents at the mercy of uncertain legal processes. Social science research affirms that children raised by homosexual parents fare just as well as those in heterosexual families, undermining arguments against legal recognition. This paper, therefore, argues for a more inclusive parentage framework in Belgium, (partially) drawing lessons from Dutch legislative developments. Establishing a well-thought-out surrogacy framework could ensure equal treatment of all children, regardless of their parents’ gender or mode of conception, thereby promoting both legal certainty and social acceptance.