Abstract:
South Africa currently has the fastest growing HIV/AIDS pandemic in the world. Against
this backdrop it is therefore not suprising to learn that 4 million children or about 10% of
the entire South African population will be orphaned by the year 2015 (Davis, 2002:52;
Whiteside & Sunter, 2000 in Madhavan, [2000:1]). These projections paint a clear picture
of the challenges that lie ahead for accommodating and sustaining a prevailing family
structure of households that are headed by children who are left behind by parents
succumbing to the ravages of the HIV/AIDS pandemic. Because of their vulnerable age
and laws and policies that do not fully cater for their needs, these children become
victims of exploitation and abuse and forfeit their human rights enshrined in the Bill of
Rights of the South African Constitution (1996). This study aims to unearth the plight of
these children. In particular it will focus on the right of entitlement to family property
when their parents die or are debilitated by HIV/AIDS related diseases. It concludes by
challenging government and other stakeholders to review existing policies and to ensure
that legislation is in place that mitigates against any form of violence, abuse, trauma or
ostracism to which orphaned children are subjected to by unscrupulous caregivers.
