Why South Africa needs a National Children's Commissioner

The Western Cape Commissioner for Children is a rare gem in the landscape of children’s rights in South Africa. Established through a constitutional mandate and provincial legislation, this independent office is tasked with safeguarding and promoting the rights, needs, and interests of children in the province.

It collaborates with departments like education, health and wellness, and social development to ensure children’s well-being is prioritised. The Commissioner reports directly to the Western Cape Provincial Parliament. But while the office is a commendable initiative, it raises a pressing question: why is this model not replicated nationwide? And how does it measure up to international standards?

The Commissioner’s role is multifaceted. It focuses on advocacy, ensuring the voices of vulnerable children—particularly those affected by poverty, violence, and inequality—are heard in government and society. It also investigates and monitors public services like education and healthcare to ensure they meet children’s needs. Research and reporting are central to its work, with studies informing policy recommendations. Yet, despite these efforts, the office remains confined to the Western Cape, leaving children in other provinces without similar advocacy.

Globally, Children’s Commissioners or Ombudsmen are well-established in countries like Norway and England, offering valuable lessons for South Africa. Norway’s Children’s Ombudsman, established in 1981, is often hailed as the gold standard. It boasts strong legal mandates and enforcement powers, enabling it to hold both public and private entities accountable for children’s rights violations.

The Norwegian model is proactive, conducting thorough investigations, engaging in public outreach, and influencing policy decisions with its independent status. Its success is rooted in a robust welfare system and legal infrastructure, but its principles—proactivity, independence, and accountability—are universally applicable. England’s Children’s Commissioner, while operating in a different context, has also been impactful.

By engaging with government, NGOs, and the media, the office has shaped child-focused policies and improved service delivery. Its emphasis on research and public reporting has held the government accountable, driving legislative and policy reforms. Thus, international examples like these highlight the importance of combining advocacy with legal authority to achieve tangible results.

In contrast, the Western Cape Commissioner, while progressive, lacks the enforcement powers and national reach when compared to its international counterparts. Its work is commendable, but it operates in a vacuum, with no equivalent offices in other provinces or at a national level from which to coordinate.

This fragmented approach undermines the potential for a unified, impactful strategy to address the systemic issues facing South Africa’s children. To strengthen the Western Cape model, we should draw inspiration from Norway’s proactive, legally empowered approach and England’s evidence-based advocacy. A national Children’s Commissioner, backed by strong legal mandates and adequate resources, could amplify the impact of child protection efforts.

Until then, the Western Cape’s initiative, while a step in the right direction, remains a work in progress — a reminder of how far we’ve come, but also how far we still have to go. In a country where millions of children live in poverty and face violence daily, the need for a robust, nationwide child protection system is urgent. The Western Cape has shown it’s possible. Now, it’s time for the rest of the country to catch up.

*Benedicta van Minnen MPP 

DA Western Cape Spokesperson on Premier and Constitutional Matters