Western Cape Commissioner for Children’s lack of independence from provincial government a concern

South Africa - Cape Town - Standalone options. Silhouette of children playing in the a park. Picture Courtney Africa/African News Agency(ANA)

South Africa - Cape Town - Standalone options. Silhouette of children playing in the a park. Picture Courtney Africa/African News Agency(ANA)

Published Nov 12, 2021

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Cape Town - The Western Cape Commissioner for Children (WCCC) said its independence as an institution and lack of resources to complete its functions and mandate remain a concern.

This was raised during the deliberation of the WCCC 2020/21 annual report by the Standing Committee on the Premier and Constitutional Matters on Thursday.

The WCCC released the first annual report in September, which included a situational analysis of children in the province, its mandate, duties, vision and mission, organisational structure (including the work done with and by children), and the proposed next steps.

Commissioner Christina Nomdo said the biggest challenge for the office was resourcing. She said there was insufficient staff and budget.

Nomdo said she had approached the former provincial treasury for a bigger budget and six additional staff members.

She said there was a need to commit to the institution’s resourcing and independence.

Molo Songololo director Patric Solomons said it was crucial that the WCCC be established as an independent body.

“Failure to do so will erode trust and confidence in the WCCC and the staff of the office of the WCCC.The Department of the Premier and provincial organs have a legal obligation to ensure the ‘independence, impartiality, dignity and effectiveness’ of the office of the WCCC.

“No person or organ of state may interfere with or obstruct the functioning of the WCCC and staff. The Provincial Parliament must ensure oversight to guarantee the independence of the WCCC, and Child Rights NGOs and stakeholders must lobby for the office’s independence,” said Solomon.

The ANC Western Cape chief whip in the legislature, Pat Lekker, said the WCCC resorting under the department of the premier for staff opened it to political interference and control and this caused great worry.

Lekker said the WCCC was a constitutional “guard dog” watching over the rights and issues of children. She said the office should be getting the same treatment as chapter nine institutions and afforded enough liberty to perform its duties without fear or favour.

“All aspects of this office was raised at the right places. The ANC would rather see this office directly under the treasury or a relevant department with an adequate budget provision and dedicated staff to operate at full steam.

“The ANC keeps an eye on this matter and expects changes in the next budget cycle,” said Lekker.

mthuthuzeli.ntseku@inl.co.za