TM v CW N.O and Others (Leave to Appeal) (22553/2019) [2021] ZAGPPHC 86 (3 March 2021)

TM v CW N.O and Others (Leave to Appeal) (22553/2019) [2021] ZAGPPHC 86 (3 March 2021)

The court found that the applicant did not acquire parental rights in respect of the minor child M under section 21 of the Children's Act, and any such rights were expressly terminated by a previous unchallenged court order. The factual dispute raised by the applicant was deemed academic in light of this legal position. The court further held that the interpretation of 'parent' in the Intestate Succession Act cannot be restricted to biological relationships, as such an interpretation would conflict with constitutional and statutory principles. The application for leave to appeal did not meet the threshold of reasonable prospects of success, nor did it raise any novel legal issue...

Citation
[2021] ZAGPPHC 86
Parties
Applicant: T M; Respondent: C W N.O; Respondent: N M D; Respondent: T E D; Respondent: The Master of the High Court
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
3 March 2021
Case Number
22553/2019
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Judgment and Order Delivered on 16 November 2020.
Outcome
Application for leave to appeal dismissed with costs.
Judges
Kollapen
Legal Topics
Parental Responsibility, Intestate Succession Act, Leave to Appeal, Interpretation of Statute
Family and Children Civil Procedure Parental Responsibility Intestate Succession Act Leave to Appeal Interpretation of Statute

Case Brief

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Parties

T M

Applicant

C W N.O

Respondent

N M D

Respondent

T E D

Respondent

The Master of the High Court

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Judgment and Order Delivered on 16 November 2020.

Legal Issues

  1. 1 Whether the applicant assumed parental responsibilities and rights in respect of the minor child M.
  2. 2 Whether the applicant qualifies as a parent under the Intestate Succession Act 81 of 1987.
  3. 3 Whether the word 'parent' in the Intestate Succession Act refers exclusively to blood relationships.

Ratio Decidendi

The court found that the applicant did not acquire parental rights in respect of the minor child M under section 21 of the Children's Act, and any such rights were expressly terminated by a previous unchallenged court order. The factual dispute raised by the applicant was deemed academic in light of this legal position. The court further held that the interpretation of 'parent' in the Intestate Succession Act cannot be restricted to biological relationships, as such an interpretation would conflict with constitutional and statutory principles. The application for leave to appeal did not meet the threshold of reasonable prospects of success, nor did it raise any novel legal issue...

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • The application for leave to appeal is dismissed with costs.