Mulomba v Idisa (2014/05881) [2014] ZAGPJHC 323; 2015 (3) SA 62 (GJ) (6 October 2014)

Mulomba v Idisa (2014/05881) [2014] ZAGPJHC 323; 2015 (3) SA 62 (GJ) (6 October 2014)

The court held that section 28(1)(a) of the Children's Act does not permit the suspension or termination of parental rights alone, but rather of both rights and responsibilities together. The relief sought in the draft order, which suspended both the Respondent's parental rights and responsibilities until such time as any application for maintenance is made by or on behalf of the minor child, was found to be competent and in accordance with the Act. The suspension was linked to the occurrence of a future event, namely an application for maintenance, which is permissible under the Act. The Applicant was appointed sole guardian of the minor child during the suspension, with full authority...

Citation
[2014] ZAGPJHC 323
Parties
Applicant: Gladys Miyoba Mulomba; Respondent: Kingsley Idisi
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
6 October 2014
Case Number
2014/05881
Procedural Posture
Urgent Application / Unopposed Motion Court
Outcome
Application granted. The Respondent's parental rights and responsibilities in respect of the minor child are suspended until any application for maintenance is made by or on behalf of the child. The Applicant is appointed sole guardian during the suspension. The child's surname is to be changed to that of the...
Judges
Fisher
Legal Topics
Parental Responsibilities and Rights, Termination and Suspension of Parental Rights, Children Act Section 28, Guardianship, Change of Surname
Family and Children Parental Responsibilities and Rights Termination and Suspension of Parental Rights Children Act Section 28 Guardianship Change of Surname

Case Brief

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Parties

Gladys Miyoba Mulomba

Applicant

Kingsley Idisi

Respondent

Procedural Posture

Urgent Application / Unopposed Motion Court

Legal Issues

  1. 1 Whether the Respondent's parental rights and responsibilities in respect of the minor child should be suspended under section 28 of the Children's Act.
  2. 2 Whether the Applicant may be appointed sole guardian of the minor child during the suspension.
  3. 3 Whether the minor child's surname may be changed to that of the Applicant.

Ratio Decidendi

The court held that section 28(1)(a) of the Children's Act does not permit the suspension or termination of parental rights alone, but rather of both rights and responsibilities together. The relief sought in the draft order, which suspended both the Respondent's parental rights and responsibilities until such time as any application for maintenance is made by or on behalf of the minor child, was found to be competent and in accordance with the Act. The suspension was linked to the occurrence of a future event, namely an application for maintenance, which is permissible under the Act. The Applicant was appointed sole guardian of the minor child during the suspension, with full authority...

Court Disposition

Application granted. The Respondent's parental rights and responsibilities in respect of the minor child are suspended until any application for maintenance is made by or on behalf of the child. The Applicant is appointed sole guardian during the suspension. The child's surname is to be changed to that of the...

Orders

  • The Respondent's parental rights and responsibilities in respect of the minor child are suspended until such time as any application for maintenance is made by or on behalf of the minor child.
  • The Applicant is the sole guardian of the minor child during the suspension, including authority to administer the child's property, apply for travel documents, and consent to removal from South Africa without the Respondent's consent.