Cape Town — A 10-year old orphan who waited for more than five years for a South Africa government grant has changed the way the state will support children in need.
In a discussion that epitomised the value of civil society and government working together, participants at "Towards Carnegie III," a conference aimed at combating poverty and inequality, witnessed a policy breakthrough when the government's Department of Social Development announced that it would provide additional financial assistance to orphaned children living in poverty through a "kinship grant".
The case of "Child SS," as the orphan is known in court papers, affects more than one million orphans living in similar circumstances in South Africa.
Paula Proudlock of the Children's Institute at the University of Cape Town told the conference there are more than 1.5 million children without mothers in South Africa. The vast majority live with relatives.
The state provides two social grants that can support orphaned children - but the cash value of each differs significantly.
A monthly child care grant of R280 (U.S. $35) is available to those caring for children under the age of 18 years. Eligibility is determined by a simple means test. Some 11 million children receive this amount currently.
By contrast, adults who foster children receive a foster care grant of R770 (U.S. $96). However, this can be accessed only through a court order.
Child SS has been living with his great aunt and uncle since he was two years old because his mother was unable to care for him. When his mother died, his aunt and uncle began the process of securing a foster care grant.
In November 2007, Child SS came to the attention of a social worker, but his file sat on a desk for two years-not uncommon given the huge burden of cases and the acute shortage of social workers in South Africa.
Between 2000 and 2010 the number of children in foster care rose from 50,000 to more than 500,000. The main reason for this increase, says Skelton, is that people who are caring for children want to access the larger amount of money, but it may also be due to the higher number of orphans needing care.
The application by Child SS for a foster care grant came to light only because a student social worker happened to find the file and set about revitalizing the case.
In 2010, after a four-month wait for a court date, the case came before a magistrate. It hinged on the magistrate's interpretation of a section of the law which provides that a child is entitled to its protection if she or he is "an orphan or without visible means of support".
The magistrate decided that Child SS was not eligible to receive a foster care grant because Child SS had been living with his extended family for more than eight years and therefore had "visible means of support".
In April 2012 the Centre for Child Law appealed to the High Court to overturn the magistrate's decision. The judgment that was handed down said that no relatives may claim the foster care grant, denying grandmothers, aunts and uncles the right to claim state assistance to take care of orphaned children in their families or extended families.
Intense discussions between children's rights advocates at the University of Pretoria and the University of Cape Town, and the Department of Social Welfare, have been exploring ways to address the desperate need of orphaned children.
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"We agree that the foster care system has been found wanting," said Selwyn Jehoma, Deputy Director General in the Department of Social Development. "We have far too many children who need support."
There are also questions as to whether the foster care grant is the solution for needy children. The cumbersome application process means that social workers are devoting time to chasing the system for grants, when children who are being abused or neglected, orphaned or abandoned, are not receiving prompt services.
In the light of these circumstances, the department resolved to introduce the new kinship benefit to children, so that even if orphaned children are living with members of their extended family they can receive support.
The exact amount of the new grant must still be determined. Indications are it will be less than the foster care grant, but more than the child care grant.
