K.L.E and Others v Department of Social Development and Others [2023] ZAGPJHC 301 (22 March 2023)

K.L.E and Others v Department of Social Development and Others [2023] ZAGPJHC 301 (22 March 2023)

The court found that the application was not urgent, as the circumstances did not warrant immediate intervention given the time elapsed since the children’s adoptive father’s death. The applicants’ familial relationship did not exempt them from the statutory requirements governing inter-country adoptions. The relief sought involved significant changes to the children’s legal status and required proper investigation and compliance with the Children’s Act and related legislation. The matter was referred to the relevant authorities for consideration in terms of section 25 of the Children’s Act, and the applicants were granted leave to re-enroll the matter if necessary. No costs order was made.

Citation
[2023] ZAGPJHC 301
Parties
Applicant: K, L, E; Applicant: K, S; Applicant: A, A; Respondent: Department of Social Development; Respondent: Central Authority for the Republic of South Africa; Respondent: Minister of Home Affairs; Respondent: Director General Home Affairs
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
22 March 2023
Case Number
2022/047918
Procedural Posture
Urgent Application / Application for Urgent Relief; Struck From Urgent Roll
Outcome
Application struck from the urgent roll and referred to the relevant authorities for proper consideration under the Children’s Act.
Judges
S C Mia
Legal Topics
Parental Responsibilities and Rights, Intercountry Adoption, Children S Act, Urgent Application, Registration of Birth, Best Interests of Child
Family and Children Civil Procedure Parental Responsibilities and Rights Intercountry Adoption Children S Act Urgent Application Registration of Birth Best Interests of Child

Case Brief

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Parties

K, L, E

Applicant

K, S

Applicant

A, A

Applicant

Department of Social Development

Respondent

Central Authority for the Republic of South Africa

Respondent

Minister of Home Affairs

Respondent

Director General Home Affairs

Respondent

Procedural Posture

Urgent Application / Application for Urgent Relief; Struck From Urgent Roll

Legal Issues

  1. 1 Is the application urgent and should it be heard as such.
  2. 2 Should the applicants be granted full parental responsibilities and rights under section 18(2) and (3) of the Children’s Act.
  3. 3 Does the application constitute an inter-country adoption requiring compliance with section 25 of the Children’s Act.

Ratio Decidendi

The court found that the application was not urgent, as the circumstances did not warrant immediate intervention given the time elapsed since the children’s adoptive father’s death. The applicants’ familial relationship did not exempt them from the statutory requirements governing inter-country adoptions. The relief sought involved significant changes to the children’s legal status and required proper investigation and compliance with the Children’s Act and related legislation. The matter was referred to the relevant authorities for consideration in terms of section 25 of the Children’s Act, and the applicants were granted leave to re-enroll the matter if necessary. No costs order was made.

Court Disposition

Application struck from the urgent roll and referred to the relevant authorities for proper consideration under the Children’s Act.

Orders

  • The matter is struck from the urgent roll and referred to the First and Second Respondent to consider the application in terms of section 25 of the Children’s Act.
  • The Second, Third and Fourth respondents are ordered to deal with the minor children’s registration of birth and related matters under the relevant legislation within 90 days of the date of this order.