Eastern Cape social development MEC Nancy Sihlwayi will this week recommend to the court that the eight-month-old baby at centre of an ugly custody battle between a domestic worker and her former employer be reunited with her mother.
Phumza Kadeni, of Mzamomhle informal settlement in Gonubie, has been fighting to get her baby back from her former employer, East London magistrate Michelle Pillay, since January.
Pillay fired Kadeni in January but refused to release the child back into Kadeni’s care.
Pillay consistently declined to comment to the Dispatch on her reasons for this but social workers allegedly said Kadeni’s one-room shack was not a conducive environment to raise a baby in.
The East London Children’s Court ordered a 30-day court order for the child to remain in the care of a minder – Pillay – to allow a reunification programme with her mother.
The order was granted while social workers from Southernwood-based NGO Christelik-Maatskaplike Raad (CMR) investigated Kadeni’s living conditions.
Bhisho was then roped in to assess how the child was around her mother during a supervised visit at Pillay’s house. And yesterday Sihlwayi said she was satisfied the child had bonded well with Kadeni.
As such, Sihlwayi said she would be telling the court on Thursday that the baby should be reunified with her biological mother.
“The child showed positive signs of bonding with her mother, Phumza Kadeni. Earlier, the East London Children’s Court issued a form 9 order in terms of section 50 of the Children’s Act 38 of 2005 and a 30-day order for the child to remain in the care of a minder to allow a reunification programme with her mother,” she said.
Kedani told the Daily Dispatch yesterday: “I am happy that I will be getting my baby back. I have been waiting for a while now. There is nothing that I cannot do for her and now I am busy finishing a new shack that I have been building.”
But Sihlwayi said it was untrue that the baby had been taken from her mother because of her living conditions.
“The fact that she is living in a makeshift shack was not a determining factor on her ability to provide care, support and protection for her children.
“After a positive assessment, the department will recommend to court that the child be reunified with her mother,” said Sihlwayi.
Pillay told the Dispatch team: “I am not allowed to speak to you.”
The MEC said the department had taken a keen interest in the case and deployed its most seasoned social workers to ensure the interests of the child were protected.
“The commitment of the department in building a caring society necessitates a special focus in capacitating families to actively participate in the upbringing of their children,” she said.
Before the government’s intervention, Kadeni violated a court order when she took her child away during a routine visit at Pillay’s house.
After a search by the SAPS with the assistance of social workers, the child was rediscovered. Kadeni was arrested and appeared in East London Magistrate’s Court, but charges were later dropped.
“Subsequent to that, Kadeni did not cooperate in relation to the arranged visits. Social development department social workers intervened in explaining to Kadeni the importance of honouring the arranged visits as part of a plan for reunification with her child,” Sihlwayi said.
The department said reunification services involved strengthening families to be able to care for and protect their family members through the implementation of a reunification care plan and permanency plan.
Sihlwayi said she would also visit the Kadeni family and host a stakeholders imbizo with the Mzamomhle community to empower the community on their role as custodians of children’s rights. — bonganif@dispatch.co.za
‘Give the baby to her mother’
Phumza Kadeni, of Mzamomhle informal settlement in Gonubie, has been fighting to get her baby back from her former employer, East London magistrate Michelle Pillay, since January.
Pillay fired Kadeni in January but refused to release the child back into Kadeni’s care.
Pillay consistently declined to comment to the Dispatch on her reasons for this but social workers allegedly said Kadeni’s one-room shack was not a conducive environment to raise a baby in.
The East London Children’s Court ordered a 30-day court order for the child to remain in the care of a minder – Pillay – to allow a reunification programme with her mother.
The order was granted while social workers from Southernwood-based NGO Christelik-Maatskaplike Raad (CMR) investigated Kadeni’s living conditions.
Bhisho was then roped in to assess how the child was around her mother during a supervised visit at Pillay’s house. And yesterday Sihlwayi said she was satisfied the child had bonded well with Kadeni.
As such, Sihlwayi said she would be telling the court on Thursday that the baby should be reunified with her biological mother.
“The child showed positive signs of bonding with her mother, Phumza Kadeni. Earlier, the East London Children’s Court issued a form 9 order in terms of section 50 of the Children’s Act 38 of 2005 and a 30-day order for the child to remain in the care of a minder to allow a reunification programme with her mother,” she said.
Kedani told the Daily Dispatch yesterday: “I am happy that I will be getting my baby back. I have been waiting for a while now. There is nothing that I cannot do for her and now I am busy finishing a new shack that I have been building.”
But Sihlwayi said it was untrue that the baby had been taken from her mother because of her living conditions.
“The fact that she is living in a makeshift shack was not a determining factor on her ability to provide care, support and protection for her children.
“After a positive assessment, the department will recommend to court that the child be reunified with her mother,” said Sihlwayi.
Pillay told the Dispatch team: “I am not allowed to speak to you.”
The MEC said the department had taken a keen interest in the case and deployed its most seasoned social workers to ensure the interests of the child were protected.
“The commitment of the department in building a caring society necessitates a special focus in capacitating families to actively participate in the upbringing of their children,” she said.
Before the government’s intervention, Kadeni violated a court order when she took her child away during a routine visit at Pillay’s house.
After a search by the SAPS with the assistance of social workers, the child was rediscovered. Kadeni was arrested and appeared in East London Magistrate’s Court, but charges were later dropped.
“Subsequent to that, Kadeni did not cooperate in relation to the arranged visits. Social development department social workers intervened in explaining to Kadeni the importance of honouring the arranged visits as part of a plan for reunification with her child,” Sihlwayi said.
The department said reunification services involved strengthening families to be able to care for and protect their family members through the implementation of a reunification care plan and permanency plan.
Sihlwayi said she would also visit the Kadeni family and host a stakeholders imbizo with the Mzamomhle community to empower the community on their role as custodians of children’s rights. — bonganif@dispatch.co.za
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