Africa-Press – South-Africa. The Gauteng Department of Social Development has been ordered to reinstate a Christian organisation’s designation and accreditation as a child protection organisation.
This, after the department withdrew Christelike Maatskaplike Raad (CMR) North’s licence and designation as a non-profit organisation following complaints about the treatment of clients by social workers.
On Thursday, the Gauteng High Court in Pretoria ruled that the department’s decision to withdraw CMR North’s registration should be reversed.
The organisation, made up of a network of social workers, was registered in 2001 as an NGO. In June, the department withdrew its designation and accreditation as a child protection organisation.
The department decided to withdraw the status after an investigation following eight complaints about the conduct of social workers linked to the organisation in January. The investigation also included a departmental quality assurance process.
According to the court judgment by Judge Anthony Millar, “the investigation, at least initially, centred on eight separate cases in which complaints had been received from families with whom CMR North had dealt.
A meeting was held with the eight separate complainants on 21 January 2022, at which they recounted their complaints”.
“Arising from this investigation, seven key challenges were identified. It is pertinent to mention at this point that at no stage during the receipt, processing, investigation, or discussion of the complaints was CMR North notified or invited to comment.”
Some of the complaints included that parents were denied contact with their children; that there was a lack of empowerment and support services for biological parents; there was a lack of reunification services; and children were being given away for adoption on the pretext of it being in their best interests.
Other issues included the breakdown of trust between the biological families and CMR North social workers, and with the social work profession as a whole.
By the end of March, the organisation had not received feedback on the quality assurance process.
They also did not receive any response to their request for the conclusion of a service level and subsidy agreement for the 2022/2023 financial year.
The organisation notified social development that it would be unable to continue rendering any subsidised statutory services referred to it by the department and started winding down the services.
In April, CMR North and the department had a meeting where it was agreed that the organisation was terminating their funding relationship with the department, but not its entire partnership.
Despite this, in June, the department withdrew the organisation’s designation as a child protection organisation.
Millar said in his ruling:
“I received from CMR North a comprehensive and well-thought-out proposal. Unfortunately, the Department of Social Development (DSD) refused to make any proposal.
“I subsequently requested a meeting with the parties’ representatives to obtain clarity on the DSD’s refusal and was informed that they did not intend to make any proposal, but that they would be referring the matter to the South African Human Rights Commission. It is perhaps apposite that the matter be so referred so that, besides the complaints made against CMR North, the conduct of the DSD and any other relevant parties may also be investigated.”
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