Legal Aid Board: In re Four Children (512/10) [2011] ZASCA 39 (29 March 2011)

Legal Aid Board: In re Four Children (512/10) [2011] ZASCA 39 (29 March 2011)

The Supreme Court of Appeal does not have original jurisdiction to entertain applications for declaratory relief; its authority is limited to appeals and issues connected with appeals. The matter before the court was not an appeal but an application by the Legal Aid Board for a declaratory order concerning its...

Source-derived case information.

Citation
[2011] ZASCA 39
Parties
Applicant: Legal Aid Board; Respondent: Centre for Child Law; Respondent: Family Advocate
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
29 March 2011
Case Number
512/10
Procedural Posture
Civil Appeal / Supreme Court of Appeal – Application for Leave to Appeal and Declaratory Relief
Outcome
No order is made. The Supreme Court of Appeal lacks jurisdiction to entertain the application for declaratory relief.
Judges
NAVSA, NUGENT, HEHER, CACHALIA, PETSE
Legal Topics
Locus Standi of Minors, Curator Ad Litem Appointment, Section 28 1 H Constitution, Public Interest Declarations, Jurisdiction of Supreme Court of Appeal
Family and Children Civil Procedure Constitutional Law Locus Standi of Minors Curator Ad Litem Appointment Section 28 1 H Constitution Public Interest Declarations Jurisdiction of Supreme Court of Appeal

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Summary, issues, holding and outcome

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Parties

Legal Aid Board

Applicant

Centre for Child Law

Respondent

Family Advocate

Respondent

Procedural Posture

Civil Appeal / Supreme Court of Appeal – Application for Leave to Appeal and Declaratory Relief

Legal Issues

  1. 1 Does the Supreme Court of Appeal have jurisdiction to entertain an application for declaratory relief brought by the Legal Aid Board?
  2. 2 Can the Legal Aid Board act in its own name in the public interest to seek leave to appeal regarding locus standi of children?
  3. 3 Is the appointment of a curator ad litem necessary for minors to litigate, or can Legal Aid South Africa represent children directly under s 28(1)(h) of the Constitution?

Ratio Decidendi

The Supreme Court of Appeal does not have original jurisdiction to entertain applications for declaratory relief; its authority is limited to appeals and issues connected with appeals. The matter before the court was not an appeal but an application by the Legal Aid Board for a declaratory order concerning its rights, which is not competent before this court. The correct procedure for minors wishing to litigate is for the court to appoint a suitable curator ad litem, and there is no bar to an employee of the Legal Aid Board being appointed as such. Section 28(1)(h) of the Constitution may be invoked where a curator cannot personally conduct litigation, but in this case, the ordinary...

Court Disposition

No order is made. The Supreme Court of Appeal lacks jurisdiction to entertain the application for declaratory relief.

Orders

  • No order is made.