K.R.S v C.L (A186/2023) [2024] ZAGPPHC 880 (3 September 2024)

K.R.S v C.L (A186/2023) [2024] ZAGPPHC 880 (3 September 2024)

The court held that it is not the court of first instance and therefore the application for leave to appeal is not properly before it in terms of section 16(1)(b) of the Superior Courts Act. The relief sought by the appellant, including suspension of the Children’s Court order, lies in other remedies and not before this court. The court emphasized that it may only hear appeals properly lodged and does not have the power to entertain matters outside its jurisdiction, even in the interests of justice or the best interests of the children. Entertaining the application would be overstepping its boundaries.

Citation
[2024] ZAGPPHC 880
Parties
Appellant: K[...] R[...] S[...]; Respondent: C[...] L[...]
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
3 September 2024
Case Number
A186/2023
Procedural Posture
Leave to Appeal / Application for Leave to Appeal After Dismissal of Appeal
Outcome
Application for leave to appeal struck off the roll.
Judges
Neukircher, Gwala
Legal Topics
Leave to Appeal, Children S Court Orders, Superior Courts Act, Suspension of Order
Civil Procedure Family and Children Leave to Appeal Children S Court Orders Superior Courts Act Suspension of Order

Case Brief

Summary, issues, holding and outcome

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Parties

K[...] R[...] S[...]

Appellant

C[...] L[...]

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal After Dismissal of Appeal

Legal Issues

  1. 1 Whether the application for leave to appeal is properly before the court in terms of section 16(1)(b) of the Superior Courts Act.
  2. 2 Whether the court has inherent jurisdiction to suspend the operation of the Children’s Court order pending appeal.
  3. 3 Whether the relief sought by the appellant can be granted by this court.

Ratio Decidendi

The court held that it is not the court of first instance and therefore the application for leave to appeal is not properly before it in terms of section 16(1)(b) of the Superior Courts Act. The relief sought by the appellant, including suspension of the Children’s Court order, lies in other remedies and not before this court. The court emphasized that it may only hear appeals properly lodged and does not have the power to entertain matters outside its jurisdiction, even in the interests of justice or the best interests of the children. Entertaining the application would be overstepping its boundaries.

Court Disposition

Application for leave to appeal struck off the roll.

Orders

  • The application for leave to appeal is struck off the roll.