Joubert and Another v J and Another (A90/18, 142/18) [2018] ZAGPPHC 529 (8 March 2018)
- Citation
- [2018] ZAGPPHC 529
- Status
- Order
- Jurisdiction
- South Africa
- Court
- North Gauteng High Court, Pretoria
- Panel
- H.J Fabricius, A.J Bam
- Case number
- A90/18, 142/18
More details
- Court
- North Gauteng High Court, Pretoria
- Panel
- H.J Fabricius, A.J Bam
- Case number
- A90/18, 142/18
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The High Court found indications that the Children's Court order for adoption was obtained irregularly, if not fraudulently. On this basis, the order was set aside. The Court directed that any further proceedings regarding the placement of the children must strictly comply with the Children's Act. Jurisdiction for such proceedings lies with the court where the children are now ordinarily resident. The Registrar of that court is ordered to take steps under the Children's Act to bring the affected children before the court for proper placement, and notice must be given to all affected parties.
Court disposition
The previous Children's Court order is set aside due to irregularity or fraud; further proceedings must comply with the Children's Act and be held in the court of the children's ordinary residence.
Orders
- The Children's Court order is set aside.
- Any further proceedings must be strictly in accordance with the Children's Act.
- Jurisdiction for further proceedings is with the court where the children are now ordinarily resident.
- The Registrar of the relevant court must take steps under the Children's Act to bring the affected children before the court for proper placement.
- Notice of such proceedings must be given to all affected parties.
02
Material facts
Parties
H. A. Joubert
ApplicantH. F. Joubert
ApplicantW. J
RespondentC. J
Respondent03
Procedural history
Posture
Review Application / Special Review
04
Questions and positions
Legal issues
- 01
Whether the Children's Court order regarding adoption was obtained irregularly or fraudulently.
- 02
Which court has jurisdiction for further proceedings concerning the adoptable children.
- 03
What procedures must be followed for proper placement under the Children's Act.
Party arguments
- Applicant
- The applicants did not submit formal arguments in this special review; the matter was referred by the Magistrate for judicial scrutiny due to concerns about the regularity of the adoption order.
- Respondent
- No formal arguments were submitted by the respondents; the review was initiated by the Magistrate's letter highlighting possible irregularities in the adoption process.
05
Court’s reasoning
Legal principles
- 01
Children's Act 38 of 2005
Court orders obtained irregularly or fraudulently must be set aside to protect the integrity of judicial proceedings.
- 02
Children's Act 38 of 2005
Jurisdiction for placement proceedings lies with the court where the children are ordinarily resident.
06
Ratio, limits and disposition
Ratio decidendi
The High Court found indications that the Children's Court order for adoption was obtained irregularly, if not fraudulently. On this basis, the order was set aside. The Court directed that any further proceedings regarding the placement of the children must strictly comply with the Children's Act. Jurisdiction for such proceedings lies with the court where the children are now ordinarily resident. The Registrar of that court is ordered to take steps under the Children's Act to bring the affected children before the court for proper placement, and notice must be given to all affected parties.
Obiter and limits
- The Court emphasized the importance of strict compliance with the Children's Act in all adoption and placement proceedings.
- Jurisdictional clarity is essential to ensure the welfare and proper placement of adoptable children.
Court disposition
The previous Children's Court order is set aside due to irregularity or fraud; further proceedings must comply with the Children's Act and be held in the court of the children's ordinary residence.
- The Children's Court order is set aside.
- Any further proceedings must be strictly in accordance with the Children's Act.
- Jurisdiction for further proceedings is with the court where the children are now ordinarily resident.
- The Registrar of the relevant court must take steps under the Children's Act to bring the affected children before the court for proper placement.
- Notice of such proceedings must be given to all affected parties.
Source and reliance status
North Gauteng High Court, Pretoria
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
North Gauteng High Court, Pretoria
Order
SAFLII Note: Certain personal/private details of parties or witnesses have been redacted from this document in compliance with the law and SAFLII Policy
IN THE HIGH COURT OF SOUTH AFRICA
(GAUTENG DIVISION, PRETORIA)
(1)
NOT
REPORTABLE
(2)
NOT OF
INTEREST TO OTHER JUDGES
(3) REVISED.
A90/18,
Review Case Number: 142/18
8/3/2018
In the matter between
H. A.
JOUBERT
1ST
APPLICANT
(I.D. NO: [….])
(ADOPTING PARENT)
H. F.
JOUBERT
2ND
APPLICANT
(I.D NO: [….])
(ADOPTING PARENT)
AND
W.
J
ADOPTABLE CHILD
(I.D. NO: [….])
C.
J
ADOPTABLE CHILD
SPECIAL
REVIEW
TO: THE
MAGISTRATE
ORKNEY
Your letter in respect of the special review of 22 February 2018, regarding the Jonker adoption refers:
1. We have studied your submissions and annexures.
2. There are indications that the current Court order of the Children's Court was obtained irregularly, if not fraudulently.
3. It is therefore set aside on that basis.
4. Any further proceedings are to be strictly in accordance with the Children's Act.
5. The Court that will have jurisdiction is the Court where the children are now ordinarily resident.
6. The Registrar of that Court is ordered to take such steps in terms of the Children' s Act to bring the affected children before the Court for proper placement proceedings.
7. Notice of such must be given to all affected parties.
JUDGE H.J FABRICIUS
JUDGE OF THE HIGH COURT GAUTENG
DIVISION PRETORIA
And
I Agree
JUDGE A. J. BAM
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