Services to young children from birth to six years in South Africa are guided and prescribed by legislation and policies for different sectors and departments. The ECD Info Hub is providing a one-stop page where you can find such information. Please note that only approved legislation and policies are provided. If you cannot find what you are looking for here, please go to the links page.Â
If there is any draft legislation (bills) and draft policies open for public comments, you will find information on these under News/Announcements.
For information on curriculum and guidelines, please click here to go the relevant page.
Legislation includes laws passed by Parliament, Regulations, Rules, Directions and similar. For the ECD Info Hub the primary focus is on those policies related to children from birth to five years and services to these children.
These are organised by topic on this page. If you are looking for something related to a specific area, please click on it below and it will take you to that part of this page.
If you are looking for a policy, please go to the policy page.
Disclaimer: While every effort has been made to ensure that the sources provided on this page is error free, should any discrepancy be found, the official version of the Act, Regulations and Rules and any subsequent amendments to the Act, Regulations and Rules, printed in the Government Gazette, will always take precedence over the information in this document.
General: Children
- Bill of rights of the Constitution of Republic of South Africa (1996)
- Children’s Act 38 of 2005
- Children’s Act 38 of 2005: General Regulations regarding Children
- Children’s Act 38 of 2005: General Regulations regarding Children: Annexure B: National Norms and Standards
- Norms, standards and practice guidelines for the Children’s Act, 2010 (DSD)Children’s Act 38 of 2005: General Regulations regarding Children
- Regulations relating to children’s courts and international child abduction in terms of the Children’s Act, 2005 (act no. 38 of 2005)
- Legislation Name 1
- Legislation Name 2
Early learning and basic education
- South African Schools Act 84 of 1996
- South African Schools Act: Exemption of parents from payment of school fees in public schools (Gazette 29311, Regulation Gazette 8566)
- Regulations for Safety Measures at Public Schools
- Regulations to Prohibit Initiation Practices in Schools
- Regulations relating to Safety Measures at Independent Schools
- National Education Policy Act 27 of 1996
- Adult Basic Education and Training Act 52 of 2000
- Skills Development Act 97 of 1998
- Legislation Name 1
- Legislation Name 2
Health / Environmental health
- National Health Act 61 of 2003
- National Health Act: National health norms and standards for premises and acceptable monitoring standards for environmental health practitioners (15 December 2015)
- Mental Health Care Act 17 of 2002
- Legislation Name 1
- Legislation Name 2
Child protection
- Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007
- Criminal Law (Sexual Offences and Related Matters) Regulations
- Domestic Violence Act 116 of 1998
- Regulations under the Domestic Violence Act 116 Of 1998
- Sexual Offences Act 23 of 1957
- Abolition of Corporal Punishment Act 33 of 1997
- Legislation Name 1
- Legislation Name 2
Social protection (including grants)
- Social Assistance Act 13 of 2004
- Maintenance Act 99 of 1998
- Regulations relating to maintenance
Citizenship
- South African Citizenship Act 88 of 1995
- Births and Deaths Registration Act 51 of 1992
- Legislation Name 1
- Legislation Name 2
Governance and finance
- Public Finance Management Act 1 of 1999
- Lotteries Act 57 of 1997
- Promotion of Access to Information Act 2 of 2000
- Protection of Personal Information Act 4 of 2013
- Nonprofit Organisations Act 71 of 1997
Emergencies and disaster
- Disaster Management Act 53 of 2005
- Legislation Name 1
- Legislation Name 2
Human resources
- Occupational Health and Safety Act 85 of 1993
- Unemployment Insurance Act 63 of 2001
- National Minimum Wage Act, Act 9 of 2018
- Unemployment Insurance Contributions Act 4 of 2002Fund-raising Act 107 of 1978
- South African Council for Educators Act 31 of 2000
Policy includes all policies approved by government. This includes policies of the national government, provincial governments and/or local government and for the ECD Info Hub the primary focus is on those policies related to children from birth to five years and services to these children.
National policies, these are policies approved by a national government department or Cabinet, are organised by topic on this page. If you are looking for something related to a specific area, please click on it below and it will take you to that part of this page.
Early learning & basic education | Higher education and training.
Provincial policies, these are policies approved by a provincial government department, are organised by province on this page. Click here to go to the part of the page where you will find provincial policies.
Local government policies are policies approved by a metro, district municipality or local municipality. Click here to go to the part of the page where you will find local government policies.
If you are looking for legislation, regulations or similar, please go to the legislation page.
Disclaimer: While every effort has been made to ensure that the sources provided on this page is error free, should any discrepancy be found, the official version of policy approved by government and any subsequent amendments to such policy, will always take precedence over the information in this document.
National policies
General: Children
- National Plan of Action for Children 2019 – 2024
- Policy Name 1
- Policy Name 2
Early learning and basic education
- National Integrated Early Childhood Development Policy, 2015
- The National Early Learning and Development Standards (NELDS)
- Education White Paper 5 on Early Childhood Education: Meeting the challenge of Early Childhood Development in South Africa
- Policy Name 1
- Policy Name 2
Higher education and training
- White Paper on Education and Training
- Policy on Minimum Requirements for Programmes Leading to Qualifications in Higher Education for ECD Educators
- Revised policy on the minimum requirements for teacher education qualifications (2015) – Grade R and Foundation Phase
- Policy Name 1
- Policy Name 2
Health
- Infant and Young Child Feeding Policy
- National Mental Health Policy framework and strategic Plan, 2023
- Foodstuffs, Cosmetics and Disinfectants Act 54 Of 1972: Regulations Relating to the Labelling And Advertising of Foodstuffs
- Policy Name 1
- Policy Name 2
Social development
- Guidelines on the principles and core elements for the design and development of prevention and early intervention programmes (PEIP), 2014 (DSD)
- White Paper on Social Welfare, 1997 (DSD) (and White Paper review, 2016)
- White Paper on Population Policy (1998)(DSD)
- Norms and Standards for Services to Families, 2013 (DSD)
- Revised White Paper on Families in South Africa (2021)
- Policy Name 1
- Policy Name 2
Inclusion (including children with disabilities)
- White Paper on the Rights of persons with Disabilities, 2015
- White Paper on the Rights of Persons with Disabilities Implementation Matrix 2015 – 2030
- Policy on Screening, Identification, Assessment, and Support (SIAS), 2014 (DBE)
- Education White Paper 6: Special needs education. Building an inclusive education and training system
- Policy Name 1
- Policy Name 2
Provincial policies
Find the contact information of provincial government under Announcements
Eastern Cape
Free State
Gauteng
KwaZulu-Natal
Limpopo
Mpumalanga
North West
Northern Cape
Western Cape
Local Government Policies
Metropolitans
Buffalo City Metropolitan
City of Cape Town
City of Ekurhuleni Metropolitan
City of Johannesburg Metropolitan
City of Tshwane Metropolitan
eThekwini Metropolitan
Mangaung Metropolitan
Nelson Mandela Bay Metropolitan
Municipalities
Municipality 1
Municipality 2
Municipality 3
Municipality 4
The High Courts and Constitutional Council make judgments from time to time that also impact on the young children and services to them. The ECD Info Hub has selected a number of important judgments that may interest you:
You can also visit the following website to other/ more judgments:
Judgments
Centre for Child Law v Director General: Department of Home Affairs and Others
Centre for Child Law v Director General: Department of Home Affairs and Others
The rights of all children, including young children, are protected in the Bill of Rights of the Constitution of the Republic of South Africa, 1996. On this page you will find resources and links to the rights of children.
About child rights
Download a short guidance note on child rights here.
South Africa
Bill of Rights (Constitution of the Republic of South Africa)
Africa
African Charter on the rights and welfare of the child (African Union)
The African Union (AU) has a special committee on children’s rights, it is called the African Committee of Experts on the Rights and Welfare of the Child (ACERWC). You will find more information on their website: https://www.acerwc.africa/en
- Country reports to the ACERWC
- Concluding observations of the ACERWC on South Africa’s implementation of the African Charter on the rights and welfare of the child
United Nations
United Nations Convention on the Rights of the Child
- Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography
- Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict
- Optional Protocol to the Convention on the Rights of the Child on a communications procedure
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The United Nations has a special committee on children’s rights, it is called United Nations Committee on the Rights of the Child (UN-CRC). You will find more information on their website: https://www.ohchr.org/en/treaty-bodies/crc
- Country reports to the UN-CRC
- Concluding observations of the UNCRC on South Africa’s implementation of the United Nations Convention on the Rights of the Child and the Optional Protocols.
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General Comments: The United Nations Committee on the Rights of the Child publishes from time to time General Comments where the Committee makes recommendations issue relating to children to which it believes governments from across the world, including South Africa, should devote more attention to. Below are links to two General Comments that pertains to or specifically includes young children:
- General Comment No. 7 (2005): Implementing child rights in early childhood
- General Comment No. 9 (2006): The rights of children with disabilities
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There are many other General Comments available on the Committee’s website.
The following are useful links to find policy and legislation
Government
- Department of Basic Education
- Department of Social Development
- Department of Health
Parliament
- Parliament of the Republic of South Africa
- PMG
Other
- SAFLII
- Centre for Child Law
- Children’s Institute, University of Cape Town
