Jonker v Serfontein School and Others (94/2011) [2012] ZAECGHC 12; 2014 (2) SACR 269 (ECG) (19 March 2012)

Jonker v Serfontein School and Others (94/2011) [2012] ZAECGHC 12; 2014 (2) SACR 269 (ECG) (19 March 2012)

The court found that the applicant had locus standi both as Clinton Ferreira’s foster parent and in the public interest for other children at the Queenstown facility, given the constitutional and statutory provisions broadening standing in matters concerning children’s rights. The proposed relocation of children from JJ Serfontein/Gali Thembani School to the Bhisho facility was unlawful, as respondents failed to comply with the consultative process and obtain ratification from the Children’s Court as required by the Children’s Act. The respondents’ affidavits contained misleading information regarding the presence of children at the facility, and their opposition to locus standi was...

Citation
[2012] ZAECGHC 12
Parties
Applicant: Anna Jonker; Respondent: Manager, Gali Thembani/JJ Serfontein School; Respondent: Member of the Executive Council, Eastern Cape, Education; Respondent: Superintendent-General, Eastern Cape Education; Respondent: Eastern Cape, Social Development; Respondent: Superintendent-General Eastern Cape, Social Development
Court
Eastern Cape High Court, Grahamstown
Jurisdiction
South Africa
Judgment Date
19 March 2012
Case Number
94/2011
Procedural Posture
Urgent Application / Final Judgment After Opposed Urgent Application and Multiple Postponements
Outcome
Application granted in substantial part; interdictory and reporting relief ordered; costs awarded against second to fifth respondents.
Judges
Pickering
Legal Topics
Children S Act, Public Interest Standing, Best Interests of Child, Judicial Review of Administrative Action, Interdict, Locus Standi
Family and Children Administrative Law Constitutional Law Children S Act Public Interest Standing Best Interests of Child Judicial Review of Administrative Action Interdict +1 more

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Parties

Anna Jonker

Applicant

Manager, Gali Thembani/JJ Serfontein School

Respondent

Member of the Executive Council, Eastern Cape, Education

Respondent

Superintendent-General, Eastern Cape Education

Respondent

Eastern Cape, Social Development

Respondent

Superintendent-General Eastern Cape, Social Development

Respondent

Procedural Posture

Urgent Application / Final Judgment After Opposed Urgent Application and Multiple Postponements

Legal Issues

  1. 1 Whether the applicant has locus standi to bring the application on behalf of her grandson and other children in need of care and protection.
  2. 2 Whether the proposed relocation of children from JJ Serfontein/Gali Thembani School to the Bhisho facility was lawful under the Children’s Act.
  3. 3 Whether the respondents complied with statutory requirements for consultation and ratification by the Children’s Court before relocating children.

Ratio Decidendi

The court found that the applicant had locus standi both as Clinton Ferreira’s foster parent and in the public interest for other children at the Queenstown facility, given the constitutional and statutory provisions broadening standing in matters concerning children’s rights. The proposed relocation of children from JJ Serfontein/Gali Thembani School to the Bhisho facility was unlawful, as respondents failed to comply with the consultative process and obtain ratification from the Children’s Court as required by the Children’s Act. The respondents’ affidavits contained misleading information regarding the presence of children at the facility, and their opposition to locus standi was...

Court Disposition

Application granted in substantial part; interdictory and reporting relief ordered; costs awarded against second to fifth respondents.

Orders

  • Respondents are interdicted from relocating any child in need of care and protection with behavioural, psychological and emotional difficulties from Gali Thembani to Bhisho unless ratified by the Children’s Court or Bhisho is reprogrammed to comply with section 191(2)(i) of the Children’s Act.
  • No furniture may be removed from the Queenstown school until lawful ratification or alternative arrangements are made.