Ramabolu v Mathibela (2849/2012) [2013] ZAFSHC 79 (21 May 2013)

Ramabolu v Mathibela (2849/2012) [2013] ZAFSHC 79 (21 May 2013)

The court found that the applicant, as Lerato's maternal aunt and primary caregiver since the death of her mother, is best placed to exercise parental responsibilities and rights over Lerato. The respondent, having been convicted and sentenced for the murder of Lerato's mother, is unfit to exercise such rights. The applicant has demonstrated her commitment to Lerato's welfare and intends to protect Lerato's inheritance interests. The court was satisfied that the orders sought are in Lerato's best interests and granted the application as amended to include guardianship as provided for in Section 18(3) of the Children’s Act.

Citation
[2013] ZAFSHC 79
Parties
Applicant: Mmakunatu Anna Ramabolu; Respondent: April Joseph Mathibela
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
21 May 2013
Case Number
2849/2012
Procedural Posture
Family and Children Application / Final Determination
Outcome
Application granted in favour of the applicant.
Judges
Van Rooyen
Legal Topics
Parental Responsibilities and Rights, Guardianship, Children S Act, Best Interests of Child
Family and Children Parental Responsibilities and Rights Guardianship Children S Act Best Interests of Child

Case Brief

Summary, issues, holding and outcome

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Parties

Mmakunatu Anna Ramabolu

Applicant

April Joseph Mathibela

Respondent

Procedural Posture

Family and Children Application / Final Determination

Legal Issues

  1. 1 Whether the applicant should be granted parental responsibilities and rights over the minor child Lerato Mathibela.
  2. 2 Whether the respondent, currently incarcerated for the murder of the child's mother, should retain any parental responsibilities and rights.
  3. 3 Whether the applicant's intervention in the forfeiture proceedings regarding the deceased's house is in the best interests of the child.

Ratio Decidendi

The court found that the applicant, as Lerato's maternal aunt and primary caregiver since the death of her mother, is best placed to exercise parental responsibilities and rights over Lerato. The respondent, having been convicted and sentenced for the murder of Lerato's mother, is unfit to exercise such rights. The applicant has demonstrated her commitment to Lerato's welfare and intends to protect Lerato's inheritance interests. The court was satisfied that the orders sought are in Lerato's best interests and granted the application as amended to include guardianship as provided for in Section 18(3) of the Children’s Act.

Court Disposition

Application granted in favour of the applicant.

Orders

  • Parental responsibilities and rights in terms of Sections 23(1)(b), 24, 28, and 29 of the Children’s Act 38 of 2005 in relation to Lerato Mathibela are granted to the applicant.
  • The applicant is granted guardianship as provided for in Section 18(3) of the Children’s Act.