This Human Rights Day, South Africans are called to reflect not only on the rights enshrined in the Constitution, but on how those rights come to life in the everyday experiences of our people. Nowhere is this more evident than in the protection of children, arguably the most vulnerable members of society, whose well-being remains central to South Africa’s legal and constitutional framework.

John Manyike, Head of Financial Education at Old Mutual, says the country’s constitution and judiciary are recognised for their ability to respond to the realities of modern South African life, thereby ensuring that children’s rights are upheld even in complex and evolving family structures.

“South Africa has a unique social landscape. The reality is that many marriages do not last, and a significant number of children grow up in single-parent or blended households. In these circumstances, children often navigate relationships with stepparents and legal guardians. Importantly, we have a constitution and the judiciary that recognises these realities and consistently places the best interests of children at the heart of every legal decision,” Manyike explains.

This reality is reflected in the country’s household dynamics. According to the latest available figures from Statistics South Africa, over 55% of divorces involve couples with children under 18. Furthermore, nearly half of households in rural areas are headed by women, and nationally, 42.4% of households are female-headed, with provinces such as the Eastern Cape (48.8%) and KwaZulu-Natal (46.8%) recording the highest proportions. In contrast, Gauteng has a lower share, with 37.3% of households headed by women. Needless to say that every child has a constitutional right to financial support for basic needs such as shelter, food and education regardless of the marital status of their parents.

Family structures, however, are not static. As lives evolve, many individuals find love again and remarry, and they bring children into new unions. This is true for both women and men. It ultimately results in blended families where step-parenting becomes part of daily life. In such circumstances, the question of care and responsibility for children becomes even more significant.

Manyike points to a recent court decision relating to stepparent responsibilities during divorce proceedings.

“Even where children are not biologically related to one of the spouses, the law ensures that those children are not left vulnerable. Stepparents are now required to contribute to the maintenance of those children, as they would for their own children. This reflects a profound commitment to prioritising children’s well-being above all else in line with our constitution,” Manyike says.

He believes this approach demonstrates a constitution and judiciary that engages meaningfully with the lived realities of South Africans, adding that “rights are not just principles on paper, they are applied in practice.”

As the nation commemorates Human Rights Day, Manyike encourages South Africans to recognise and celebrate a constitutional framework that goes beyond theory and well-articulated legal texts.

The South African law does not impose automatic financial obligations to step parents over step children as these rests on blood relationships or legal adoptions however the law puts the best interest of the child first and will consider other factors such as :

• Conduct of the step parents : If one had already assumed a parental role in caring for the stepchildren and providing financial support during the marriage.
• Established bond between the step-parents and the stepchildren
• Contractual obligation or Promise: If the stepparent has already made a promise or contractual undertaking to financially support the stepchild.
• Standard of living: Our courts consider the standard of living that the children have become accustomed to.

“Our Constitution is alive to the realities of our society. It is therefore able to actively shape a country where the best interests of children are always considered. This is how human rights are truly honoured, by ensuring that every child is supported, valued and protected, no matter the circumstances,” he concludes.