D.T and Another v M.A.M.F (2023/032929) [2023] ZAGPJHC 1204 (24 October 2023)

D.T and Another v M.A.M.F (2023/032929) [2023] ZAGPJHC 1204 (24 October 2023)

The court held that the applicants, as uncles of the minor child, have locus standi to seek rights of contact and guardianship under sections 23 and 24 of the Children’s Act. The determination of the child’s best interests requires a thorough judicial investigation, not limited to the child’s stated wishes or the evidence presented by the parties. The respondent’s reliance solely on the child’s voice and the social worker’s report was found insufficient, as the scope of investigation must encompass all relevant factors under section 7 of the Children’s Act. The court found that the applicants had established a close and meaningful relationship with the child and that interim contact...

Citation
[2023] ZAGPJHC 1204
Parties
Applicant: DT; Applicant: SCT; Respondent: MAMF
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
24 October 2023
Case Number
2023/032929
Procedural Posture
Urgent Application / Part a Interim Relief Pending Final Determination Under Part B
Outcome
Interim relief granted: appointment of clinical psychologist and family advocate to investigate best interests of the minor child; applicants granted reasonable interim contact; costs reserved for Part B.
Judges
Nkutha-Nkontwana
Legal Topics
Children S Act, Guardianship, Right of Contact, Best Interests of Child, Interim Relief
Family and Children Children S Act Guardianship Right of Contact Best Interests of Child Interim Relief

Case Brief

Summary, issues, holding and outcome

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Parties

DT

Applicant

SCT

Applicant

MAMF

Respondent

Procedural Posture

Urgent Application / Part a Interim Relief Pending Final Determination Under Part B

Legal Issues

  1. 1 Whether the applicants, as uncles of the minor child, have locus standi to seek rights of contact and guardianship under the Children’s Act.
  2. 2 Whether interim relief should be granted for the appointment of a clinical psychologist and family advocate to investigate the best interests of the minor child.
  3. 3 Whether the applicants are entitled to reasonable interim contact with the minor child pending final determination of guardianship and contact rights.

Ratio Decidendi

The court held that the applicants, as uncles of the minor child, have locus standi to seek rights of contact and guardianship under sections 23 and 24 of the Children’s Act. The determination of the child’s best interests requires a thorough judicial investigation, not limited to the child’s stated wishes or the evidence presented by the parties. The respondent’s reliance solely on the child’s voice and the social worker’s report was found insufficient, as the scope of investigation must encompass all relevant factors under section 7 of the Children’s Act. The court found that the applicants had established a close and meaningful relationship with the child and that interim contact...

Court Disposition

Interim relief granted: appointment of clinical psychologist and family advocate to investigate best interests of the minor child; applicants granted reasonable interim contact; costs reserved for Part B.

Orders

  • The applicants’ late filing of their replying affidavit is condoned.
  • The respondent’s application to strike out is deferred to Part B.