Models on the Guardianship of Children in Africa

  • Rofiah Ololade Sarumi
  • Ann Strode
Part of the SpringerBriefs in Social Work book series (BRIEFSSOWO)


Côte d’Ivoire, South Africa and Uganda have all ratified the CRC and the ACRWC. They are therefore under an obligation to bring their national laws in line with their international obligations. These countries have taken steps to implement these provisions by the enactment of legislation and policies in this regard. The Constitutions of Côte d’Ivoire, South Africa and Uganda have child-specific provisions which indicate the commitment of the country to the rights of children. In addition, the countries have adopted child-specific pieces of legislation which ensure the protection of children. This chapter provides an audit of the legal instruments which are applicable to the regulation of legal guardianship for children. It presents an audit of the standards which form the national frameworks for the guardianship of children in Côte d’Ivoire, South Africa and Uganda. It looks at the different models employed by the three countries with regard to the appointment of legal guardians, the role which they play, termination of legal guardianship and even the recognition given to legal guardians under those legal systems. It shows that there are some variations in the approaches which each country takes in the guardianship of children.


Guardianship models Childcare Vulnerable Parental responsibility Caregiver Constitution 


  1. AC. (2017). Ratification Table: ACRWC. Retrieved April 21, 2017, from
  2. ACPF. (2017). Status of ratification of CRC and optional protocols. Retrieved April 21, 2017, from
  3. AD and Another v DW and Others (CCT48/07) [2007]. (2008). ZACC 27.Google Scholar
  4. Ayeni, V. O. (2016). The impact of the african charter and the maputo protocol in selected African states. PULP, 14–46.Google Scholar
  5. CRIN. (2014). Access to justice for children: Côte d'Ivoire. Retrieved April 12, 2017, from
  6. CRIN. (2017). Côte d'Ivoire: National Laws. Retrieved April 12, 2017, from
  7. Govt. of Uganda. (1995). The constitution of the Republic of Uganda. Retrieved April 12, 2017, from
  8. Human Rights Committee. (1993). Consideration of reports submitted by States parties under article 40 of the Covenant Côte d’Ivoire CCPR/C/CIV/1Initial reports of States parties due in June 1993 (19 March, 2013). See paragraph 654.Google Scholar
  9. Namugerwa Joyce, Nantongo Harriet, Nakafero Jackline (Minors) (Family Cause No 28 Of 2009) [2010] UGHC 13 (2010, February 9).Google Scholar
  10. Nantume Shamira v. Kampala City Council & 2 Others (Civil Suit No. 33 Of 2007) ((Civil Suit No. 33 Of 2007)) [2009] UGHC 89 (2009, March 30).Google Scholar
  11. Obitre-Gama J. (2000). The application of International Law into National Law, Policy and Practice 5.Google Scholar
  12. OHCHR. (2017). Reporting Status for Côte d'Ivoire. Retrieved April 12, 2017, from
  13. Western Cape Forum for Intellectual Disability v. Government of the Republic of South Africa & Government of the Province of Western Cape (2011 (5) SA 87 (WCC)) [2010] ZAWCHC 544; 18678/2007 (2010, November 11).Google Scholar

Copyright information

© Springer International Publishing AG, part of Springer Nature 2018

Authors and Affiliations

  • Rofiah Ololade Sarumi
    • 1
  • Ann Strode
    • 1
  1. 1.Centre for Postgraduate Legal StudiesUniversity of KwaZulu-NatalPietermaritzburgSouth Africa

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