N.A.N and Another v Minister of Justice and Others (11303/2020) [2023] ZAGPJHC 781 (11 July 2023)

N.A.N and Another v Minister of Justice and Others (11303/2020) [2023] ZAGPJHC 781 (11 July 2023)

The court found that the interim care order granted by the Kliptown Magistrate's Court on 15 May 2020 was made without the magistrate being aware of a prior High Court order granting interim custody to the applicant. The third respondent, who issued the magistrate's order, did not oppose the review and confirmed that the record and reasons had been filed. The parties reached agreement on the review and the court made the draft order an order of court. The issue of costs was reserved for later argument and determination on the opposed motion roll.

Citation
[2023] ZAGPJHC 781
Parties
Applicant: N A N; Applicant: N A N (obo K K N); Respondent: Minister of Justice and Correctional Services; Respondent: The Regional Court for the Regional Division of Gauteng; Respondent: Alisa Audrey Mpofu; Respondent: W N N
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
11 July 2023
Case Number
11303/2020
Procedural Posture
Review Application / Reasons for Order Following Agreement Between Parties
Outcome
The interim care order of 15 May 2020 was set aside by agreement; costs reserved for later determination.
Judges
F Bezuidenhout
Legal Topics
Review of Magistrates Court Order, Interim Custody, Rule 42 Application, Costs Dispute
Family and Children Civil Procedure Review of Magistrates Court Order Interim Custody Rule 42 Application Costs Dispute

Case Brief

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Parties

N A N

Applicant

N A N (obo K K N)

Applicant

Minister of Justice and Correctional Services

Respondent

The Regional Court for the Regional Division of Gauteng

Respondent

Alisa Audrey Mpofu

Respondent

W N N

Respondent

Procedural Posture

Review Application / Reasons for Order Following Agreement Between Parties

Legal Issues

  1. 1 Whether the interim care order granted by the Kliptown Magistrate's Court on 15 May 2020 should be reviewed and set aside.
  2. 2 Whether the record of proceedings and reasons for the magistrate's order were properly filed.
  3. 3 Whether costs should be determined separately on the opposed motion roll.

Ratio Decidendi

The court found that the interim care order granted by the Kliptown Magistrate's Court on 15 May 2020 was made without the magistrate being aware of a prior High Court order granting interim custody to the applicant. The third respondent, who issued the magistrate's order, did not oppose the review and confirmed that the record and reasons had been filed. The parties reached agreement on the review and the court made the draft order an order of court. The issue of costs was reserved for later argument and determination on the opposed motion roll.

Court Disposition

The interim care order of 15 May 2020 was set aside by agreement; costs reserved for later determination.

Orders

  • The interim care order granted by the Kliptown Magistrate's Court on 15 May 2020 is reviewed and set aside.
  • The issue of costs is reserved for argument and determination on the opposed motion roll at a later date.