Criminalising compassion: Why Baby Saver Boxes must be protected, not punished

Authors

  • S Bhamjee School of Law, University of KwaZulu-Natal, Pietermaritzburg, South Africa; LifeLine Pietermaritzburg, South Africa
  • S Biyela LifeLine Pietermaritzburg, South Africa
  • A Marais LifeLine Pietermaritzburg, South Africa; School of Commerce, University of KwaZulu-Natal, Pietermaritzburg, South Africa

DOI:

https://doi.org/10.7196/SAMJ.2026.v116i2.4482

Keywords:

Baby Saver Boxes, Safe Relinquishment, Abandonment, Constitutional Imperatives, Harm-Reduction Strategies, Neonaticide and Maternal Desperation, Healthcare Professionals’ Ethical Burden, Global Best Practice (Babyklappe, Safe Haven Laws), Trauma-Informed Policy, Rights-Based Approach and Intersectoral Collaboration

Abstract

South Africa (SA) faces a silent crisis of infant abandonment, often in unsafe environments, driven by poverty, stigma and limited access to abortion. Baby Saver Boxes – secure, monitored drop-off points – offer a humane alternative aligned with constitutional imperatives of life, dignity, healthcare and the best interests of the child. However, proposed amendments to the Children’s Act risk criminalising compassion, reframing safe relinquishment as abandonment and undermining harm-reduction strategies. This punitive approach causes increased cases of neonaticide and maternal desperation, deters healthcare engagement, and places healthcare professionals in ethically fraught positions. Evidence from global best practice – including Germany’s Babyklappe and US safe haven laws – demonstrates that legal recognition of safe relinquishment reduces mortality and promotes maternal health. A rights-based approach, informed by trauma-sensitive policy and intersectoral collaboration, is essential to protect vulnerable mothers and infants. SA must choose compassion over control, integrating Baby Saver Boxes into public health systems to uphold human rights and prevent avoidable deaths.

Author Biographies

  • S Bhamjee, School of Law, University of KwaZulu-Natal, Pietermaritzburg, South Africa; LifeLine Pietermaritzburg, South Africa

    Dr. Suhayfa Bhamjee is a Senior Lecturer in the School of Law at the University of KwaZulu-Natal (UKZN), Pietermaritzburg campus. Her teaching and research focus primarily on Criminal Law and Criminal Procedure. Dr Bhamjee serves as the Chairperson of the Board of Directors at LifeLine Pietermaritzburg, where she brings her legal expertise and advocacy experience to support the organisation’s mission of emotional wellness, crisis intervention, and survivor-centred justice. Her work reflects a deep commitment to constitutional values, ethical leadership, and community empowerment.

  • S Biyela, LifeLine Pietermaritzburg, South Africa

    Sinikiwe Biyela is the Executive Director of LifeLine Pietermaritzburg, a leading organisation in KwaZulu-Natal dedicated to emotional wellness, crisis intervention, and support for survivors of gender-based violence, rape, and human trafficking. She is a qualified social worker with a degree from the University of KwaZulu-Natal.

  • A Marais, LifeLine Pietermaritzburg, South Africa; School of Commerce, University of KwaZulu-Natal, Pietermaritzburg, South Africa

    Dr. Alastair Marais is a Senior Lecturer in Managerial Accounting and Financial Management at the University of KwaZulu-Natal (UKZN), Pietermaritzburg campus. Dr Marais serves as the Deputy Treasurer of LifeLine Pietermaritzburg, where he contributes his financial expertise to support the organisation’s mission of emotional wellness, crisis intervention, and advocacy for survivors of gender-based violence. His commitment to ethical leadership and community service reflects a broader dedication to social justice and institutional accountability.

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Published

2026-03-02

Issue

Section

Perspectives/opinion articles

How to Cite

1.
Bhamjee S, Biyela S, Marais A. Criminalising compassion: Why Baby Saver Boxes must be protected, not punished. S Afr Med J [Internet]. 2026 Mar. 2 [cited 2026 Mar. 11];116(2):e4482. Available from: https://samajournals.co.za/index.php/samj/article/view/4482