Die inhoud van ouerlike gesag, quo vadis?

Abstract

Through the centuries the parental authority has dwindled from the absolute power of the father to the rights of autonomy of the child. At present in the South African law the parental authority is still largely determined by the common law and can be described as the sum total of rights and obligations which parents enjoy in relation to their children. Guardianship and custody are the separate incidents of parental authority. The Child Care Act 74 of 1983, The Constitution of the Republic of South Africa 108 of 1996, The Guardianship Act 192 of 1993, The Choice on Termination of Pregnancy Act 92 of 1996, the ratification of the United Nations Convention on the Rights of the Child 1989 by South Africa on 16 June 1995 and case law have contributed to increasing limitations on the exercise of parental authority. A balance needs to be found between the parental authority and the rights of the child to ensure that neither is absolute. Parents need to respect the evolving capacities of the child and children need to respect the guidance of the parents.