AS and Another v LCE and Others (2022/5530) [2022] ZAGPJHC 497 (22 July 2022)

AS and Another v LCE and Others (2022/5530) [2022] ZAGPJHC 497 (22 July 2022)

The court found that the matter was urgent because the applicants would not be afforded substantial redress if the application followed the normal course, given the risk of harm to the minor child, LMM. The best interests of the child are paramount, and LMM has been in the applicants' care since infancy, forming a close attachment. Removing her from their care would cause significant emotional and physical harm. The applicants have demonstrated commitment and acted in good faith throughout the adoption process. The court concluded that interim relief assigning parental responsibilities and rights to the applicants is justified to protect LMM's welfare pending the outcome of the adoption...

Citation
[2022] ZAGPJHC 497
Parties
Applicant: A[..] S[..]; Applicant: A[..] C[..]; Respondent: L[..] C[..] E[..]; Respondent: Department of Social Development, Gauteng; Respondent: Van den Berg Letitia
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
22 July 2022
Case Number
2022/5530
Procedural Posture
Urgent Application / Interim Relief Application
Outcome
Application granted. The draft order attached to the judgment is made an order of court.
Judges
Oosthuizen-Senekal CSP
Legal Topics
Parental Responsibilities and Rights, Best Interests of Child, Adoption Procedure, Urgent Interim Relief
Family and Children Parental Responsibilities and Rights Best Interests of Child Adoption Procedure Urgent Interim Relief

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 6 Party arguments 2
Sign in to unlock

Parties

A[..] S[..]

Applicant

A[..] C[..]

Applicant

L[..] C[..] E[..]

Respondent

Department of Social Development, Gauteng

Respondent

Van den Berg Letitia

Respondent

Procedural Posture

Urgent Application / Interim Relief Application

Legal Issues

  1. 1 Whether the matter is urgent and should be heard as such.
  2. 2 Whether the applicants have made out a case for interim relief assigning parental responsibilities and rights pending adoption proceedings.

Ratio Decidendi

The court found that the matter was urgent because the applicants would not be afforded substantial redress if the application followed the normal course, given the risk of harm to the minor child, LMM. The best interests of the child are paramount, and LMM has been in the applicants' care since infancy, forming a close attachment. Removing her from their care would cause significant emotional and physical harm. The applicants have demonstrated commitment and acted in good faith throughout the adoption process. The court concluded that interim relief assigning parental responsibilities and rights to the applicants is justified to protect LMM's welfare pending the outcome of the adoption...

Court Disposition

Application granted. The draft order attached to the judgment is made an order of court.

Orders

  • The rules, time limits, forms, and procedures provided for in the Uniform Rules of Court and the Practice Manual are dispensed with to the extent necessary, and leave is granted for the application to be heard as a matter of urgency.
  • Pending the outcome of the adoption proceedings, the applicants are assigned the parental responsibilities and rights of care and contact in respect of LMM as envisaged in section 18(2)(a) and (b) read with section 23 of the Children’s Act.