SECTION27 and the Teddy Bear Foundation (TBF) welcome the judgment handed down by the Gauteng Division of the High Court, Pretoria, in the matter between the Teddy Bear Foundation and a range of government entities. The matter interrogated the state’s obligation under the Children’s Act 38 of 2005 to ensure the efficacy of the National Child Protection Register (NCPR), which protects children from predators by requiring that school employees are vetted against an up-to-date register of people found unsuitable to work with children. The judgment was handed down on 7 August 2026.
The case was against the Department of Social Development (DSD) and 16 other respondents, including the Department of Justice and Constitutional Development (DOJ&CD), the Department of Basic Education (DBE) and provincial education departments, the Educators Labour Relations Council and the South African Council of Educators (SACE).
Justice Nyathi held that DSD is responsible for maintaining and keeping the NCPR. DSD had opposed the application and argued that there are no backlogs of the maintenance of the NCPR, and that it has complied with its legislative obligations. The court instead held that DSD had not proved a case to show that it had fulfilled its obligations to maintain the register. The court emphasised that the rights of children are paramount, and DSD has an obligation to ensure that the NCPR is maintained. The court found that TBF and DBE’s settlement agreement, which was made an order of court on 28 July, supported the importance of DSD’s role in the NCPR’s vetting and reporting mechanisms. The court opined that the NCPR required all departments to work together to ensure its efficacy. It stated:
“The words “keep and maintain” cannot be interpreted in isolation. They must be construed in the context of a statute whose dominant purpose is the protection of children and whose implementation is expressly required to occur through coordinated action between organs of state.” (para 15)
The court also declared DSD’s failure to maintain the NCPR unconstitutional and ordered it to put mechanisms in place to ensure the NCPR is implemented.
The DOJ&CD and SACE did not oppose the matter, and the court granted TBF’s requested relief in respect of these parties. It found that DOJ&CD must report quarterly to DSD on all people deemed unsuitable to work with children. SACE must report on the number of new entrants on the educators’ roll and whether they have been vetted. It must also report on educators found guilty of misconduct that makes them unsuitable to work with learners, and whether they have been reported to DSD for inclusion on the NCPR. In addition, SACE must report the number of cases it received over 12 months, and the number finalised during the same period.
The judgment affirms the importance of children’s rights, particularly the right to basic education, by recognising that schools must be safe spaces for children. The structural orders against the departments will help address failures in implementing the NCPR and bind them addressed to comply with their constitutional obligations.
It has been over 15 years since the promulgation of the Children’s Act, and it has taken a court to affirm and mandate these departments to comply with the legislative obligations as it relates to the NCPR. SECTION27 and TBF welcome this judgment and will be monitoring the implementation of the order.
The judgment can be accessed here.
For media enquiries contact:
Pearl Nicodemus | nicodemus@section27.org.za | 082 298 2636
0 Comments