View/Open - University of Zululand Institutional Repository
View/Open - University of Zululand Institutional Repository
View/Open - University of Zululand Institutional Repository
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[110]<br />
At the children's court inquiry, the court must determine whether the parent is fit to<br />
have custody <strong>of</strong> the child in terms <strong>of</strong> Section 14 (14) referred to earlier. This would<br />
determine whether :<br />
*<br />
*<br />
*<br />
*<br />
*<br />
*<br />
*<br />
*<br />
*<br />
the child has no parent or guardian ;<br />
the child has a parent or guardian who is unable or unfit to have custody<br />
<strong>of</strong> the child in that he either ;<br />
is mentally ill to such a degree that he is uoable to provide for the<br />
physicaI. mental or social well-being <strong>of</strong> the child;<br />
has assaulted or ill-treated the child or allowed him to be assaulted or<br />
ill-treated ;<br />
has caused or conduced to the seduction, abduction or prostitution <strong>of</strong><br />
the child or the commission by the child <strong>of</strong> immoral acts ;<br />
displays habits and behaviour which may seriously injure the physical,<br />
mental or social well-being <strong>of</strong> the child ;<br />
fails to maintain the child adequately ;<br />
neglects the child or allows him to be neglected ;<br />
cannot control the child properly, so as to ensure proper behaviour such<br />
as regular school attendance; and<br />
has no visible means <strong>of</strong> support.<br />
As can be noted above, emphasis in Section 14 (14) is more on the parent than on the<br />
child. This sometimes creates problems for social workers when dealing with abused