OPINION | Why now is the time to strengthen the role of the Commissioner for Children

Benedicta Van Minnen

South Africa continues to grapple with alarmingly high levels of both structural and direct violence against its most vulnerable population – children. While violence is difficult to quantify, recent data paints a deeply troubling picture. According to Statistics South Africa, between 2013 and 2023, attempted murder of children nearly doubled, kidnapping increased fourfold, and reported cases of child abuse rose significantly. These figures underscore the need for stronger, more effective interventions. One such intervention is the role of the Commissioner for Children in the Western Cape – a legislative institution with the potential to serve as a vital safeguard for children’s rights.

A critical opportunity

With a new commissioner anticipated to take office on 1 June 2025, we are presented with a critical opportunity to reassess and strengthen the mandate of this role. The selected candidate must be genuinely capable of driving change and raising awareness in communities about the issues faced by this vulnerable group. This includes not only the governmental and legislative spheres but also the social space.

The days when children were expected to be "seen and not heard” are long gone. They are recognised as bearers of unique rights, often receiving special protections not always extended to adults. Yet, despite this recognition, these rights are frequently under-realised, leaving many children without the full protection and opportunities they deserve. Unfortunately, and all too often, it is their closest acquaintances who let them down the most – with the Joshlin Smith case being the latest and most unfortunate example. It is also far too common that children have only the government’s safety net, which is not nearly sufficient to help them survive, let alone flourish.

It takes a village

Children do not live in government offices but with their families, embedded in communities and wider society. It is within this space that the Commissioner for Children can promote the understanding that it takes a village to raise and safeguard a child, working in partnership with government and civil society.

So, what more can we do when there are already specific and comprehensive laws and guidelines to protect rights?

The Western Cape Commissioner for Children, established in 2020 under the Children’s Commissioner Act, has made significant early progress under the leadership of its first Commissioner, Christina Nomdo. Notable achievements include advancements in institutional development and advocacy, as well as pioneering efforts in child-led participation, particularly through direct consultations with youth. The office has strongly promoted the idea of children as active citizens rather than passive recipients of services.

Uncharted territory

It must be borne in mind that this was uncharted territory for the first Commissioner for Children on the African continent – as well as for children and governments alike.

Subsequently, the impact may have been limited, and critical factors for success need to be reconsidered. Going forward, we must focus on developing legislative clarity; ensuring the office has the legal power to access data, make recommendations, and summon officials; managing resources effectively to build a multidisciplinary team (law, social work, research, education); and promoting transparency and public trust. The role should also include regular public briefings, community-based monitoring, and visible action on children’s concerns.

The Commissioner for Children is a legally recognised institution, and it is their role to remain independent. The new Commissioner in the Western Cape should build on the mandate of the existing office to promote, protect, and monitor the rights of children, while moving towards a stronger emphasis on impact, accountability, and public visibility.

Advisory role

Currently, under the legislation, the Commissioner has only an advisory role with no power to enforce recommendations. Consideration should therefore be given to amending the legislation to refine the mandate of the Commissioner, create an effective complaints mechanism, and establish outcome indicators to measure change and ensure accountability. Looking ahead, we should aim to build and develop a vigorous and dynamic office of the Commissioner for Children, further refine its role, and ensure that measures are in place to guarantee the effective functioning of the role in driving real progress and change.

Even if the Commissioner’s role is somewhat limited, by working together and leveraging the institution, we can still make a meaningful difference, starting in the Western Cape. Our interventions must evolve alongside emerging challenges and opportunities, particularly in the areas of safety, educational equity, and well-being. This approach keeps us aligned with current needs and enables us to act when public awareness reaches a critical point, as change cannot be driven in isolation. The time to act is now.

*Van Minnen, is MPP DA- Western Cape Spokesperson and Chairperson of the Standing Committee on Premier & Constitutional Matters.

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