Taukobong v Tsiri (CA 1370/06) [2007] ZANWHC 15 (24 May 2007)

Taukobong v Tsiri (CA 1370/06) [2007] ZANWHC 15 (24 May 2007)

The application for custody and sole guardianship by the applicant, as the biological father of a child born out of wedlock, must be considered in terms of the Natural Fathers of Children Born out of Wedlock Act 86 of 1997, which supplements the common law. The applicant failed to adequately address the statutory factors, particularly the attitude of the child and other relevant circumstances as required by section 2(5) of the Act. The court determined that the matter could not be decided without further inquiry into the child's welfare and attitude. Accordingly, the application was postponed sine die and the Family Advocate was directed to investigate and report on the welfare of the...

Citation
[2007] ZANWHC 15
Parties
Applicant: Daniel Taukobong; Respondent: Mrs Tsiri
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
24 May 2007
Case Number
CA1370/06
Procedural Posture
Family and Children Application / Interlocutory Postponement
Outcome
Application postponed sine die pending further inquiry by the Family Advocate.
Judges
A A Landman
Legal Topics
Custody of Child Born Out of Wedlock, Natural Fathers Rights, Best Interests of Child, Family Advocate Involvement
Family and Children Custody of Child Born Out of Wedlock Natural Fathers Rights Best Interests of Child Family Advocate Involvement

Case Brief

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Parties

Daniel Taukobong

Applicant

Mrs Tsiri

Respondent

Procedural Posture

Family and Children Application / Interlocutory Postponement

Legal Issues

  1. 1 Whether the applicant, as the biological father of a child born out of wedlock, is entitled to custody and sole guardianship of the child.
  2. 2 Whether the application adequately addresses the statutory factors listed in section 2(5) of the Natural Fathers of Children Born out of Wedlock Act 86 of 1997.
  3. 3 Whether the attitude of the child and other relevant circumstances have been properly canvassed.

Ratio Decidendi

The application for custody and sole guardianship by the applicant, as the biological father of a child born out of wedlock, must be considered in terms of the Natural Fathers of Children Born out of Wedlock Act 86 of 1997, which supplements the common law. The applicant failed to adequately address the statutory factors, particularly the attitude of the child and other relevant circumstances as required by section 2(5) of the Act. The court determined that the matter could not be decided without further inquiry into the child's welfare and attitude. Accordingly, the application was postponed sine die and the Family Advocate was directed to investigate and report on the welfare of the...

Court Disposition

Application postponed sine die pending further inquiry by the Family Advocate.

Orders

  • The application is postponed sine die.
  • The Family Advocate is directed to inquire forthwith into the welfare and circumstances of the child Karabo Tsiri and, if necessary, to report on this aspect to the court in the interim.