Joubert and Another v J and Another (A90/18, 142/18) [2018] ZAGPPHC 529 (8 March 2018)

Joubert and Another v J and Another (A90/18, 142/18) [2018] ZAGPPHC 529 (8 March 2018)

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.

Citation
[2018] ZAGPPHC 529
Parties
Applicant: H. A. Joubert; Applicant: H. F. Joubert; Respondent: W. J; Respondent: C. J
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
8 March 2018
Case Number
A90/18, 142/18
Procedural Posture
Review Application / Special Review
Outcome
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.
Judges
H.J Fabricius, A.J Bam
Legal Topics
Adoption Procedure, Children S Act Compliance, Jurisdiction of Children S Court, Irregular Court Order
Family and Children Civil Procedure Adoption Procedure Children S Act Compliance Jurisdiction of Children S Court Irregular Court Order

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 2 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

H. A. Joubert

Applicant

H. F. Joubert

Applicant

W. J

Respondent

C. J

Respondent

Procedural Posture

Review Application / Special Review

Legal Issues

  1. 1 Whether the Children's Court order regarding adoption was obtained irregularly or fraudulently.
  2. 2 Which court has jurisdiction for further proceedings concerning the adoptable children.
  3. 3 What procedures must be followed for proper placement under the Children's Act.

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.

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.