Fraser v Naude and Another (CCT14/98) [1998] ZACC 13; 1999 (1) SA 1; 1998 (11) BCLR 1357 (23 September 1998)

Fraser v Naude and Another (CCT14/98) [1998] ZACC 13; 1999 (1) SA 1; 1998 (11) BCLR 1357 (23 September 1998)

The Constitutional Court refused the application for special leave to appeal and direct access. The Court held that, regardless of any prospects of success on the procedural and jurisdictional issues raised, the interests of the child are paramount. The child had been living with the adoptive parents for almost three years, and further litigation would prolong uncertainty and potentially harm the child’s welfare. The Court found that it was not in the interests of justice to allow a further appeal, and the matter must be brought to an end. No order as to costs was made.

Citation
[1998] ZACC 13
Parties
Applicant: Lawrie John Fraser; Respondent: Adriana Petronella Naude; Respondent: The Adoptive Parents
Court
Constitutional Court
Jurisdiction
South Africa
Judgment Date
23 September 1998
Case Number
CCT 14/98
Procedural Posture
Leave to Appeal / Application for Special Leave to Appeal and Direct Access to the Constitutional Court After Supreme Court of Appeal Decision
Outcome
Application for special leave to appeal and direct access refused.
Judges
Chaskalson, Langa, Ackermann, Goldstone, Kriegler, Madala, Mokgoro, O'Regan, Sachs, Yacoob
Legal Topics
Rights of Unmarried Fathers, Child Adoption, Just Administrative Action, Paramountcy of Child Interest
Constitutional Law Family and Children Rights of Unmarried Fathers Child Adoption Just Administrative Action Paramountcy of Child Interest

Case Brief

Summary, issues, holding and outcome

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Parties

Lawrie John Fraser

Applicant

Adriana Petronella Naude

Respondent

The Adoptive Parents

Respondent

Procedural Posture

Leave to Appeal / Application for Special Leave to Appeal and Direct Access to the Constitutional Court After Supreme Court of Appeal Decision

Legal Issues

  1. 1 Whether the refusal to allow the unmarried father to intervene in adoption proceedings violated constitutional rights.
  2. 2 Whether the adoption order should be set aside due to alleged procedural unfairness in the Children’s Court.
  3. 3 Whether further appeals are in the interests of justice given the passage of time and the child’s welfare.

Ratio Decidendi

The Constitutional Court refused the application for special leave to appeal and direct access. The Court held that, regardless of any prospects of success on the procedural and jurisdictional issues raised, the interests of the child are paramount. The child had been living with the adoptive parents for almost three years, and further litigation would prolong uncertainty and potentially harm the child’s welfare. The Court found that it was not in the interests of justice to allow a further appeal, and the matter must be brought to an end. No order as to costs was made.

Court Disposition

Application for special leave to appeal and direct access refused.

Orders

  • The application for special leave to appeal against the decision of the Supreme Court of Appeal, alternatively for direct access to the Constitutional Court, is refused.
  • No order as to costs is made.