TT and Another v Minister of Social Development and Others (20/43969) [2023] ZAGPJHC 41 (25 January 2023)

TT and Another v Minister of Social Development and Others (20/43969) [2023] ZAGPJHC 41 (25 January 2023)

The court found that the Department had abandoned its application for leave to appeal in respect of orders 1–7 and 12, and that there were no reasonable prospects of success or compelling reasons to grant leave for those orders. Regarding orders 8, 9, 10, 11 and 13, the court was not persuaded that reasonable...

Source-derived case information.

Citation
[2023] ZAGPJHC 41
Parties
Applicant: TT; Applicant: BM; Respondent: Minister of Social Development; Respondent: Member of the Executive Council for Social Development, Gauteng; Respondent: Head of Department, Gauteng; Respondent: Department of Social Development Sinah Phiri; Respondent: Livhuwani Mufamadi-Malaka; Respondent: Pearl Hlatshwako; Respondent: Member of the Executive Council for Health, Gauteng; Respondent: Evelyn Mahlangu; Respondent: Goitsemang Botes; Respondent: South African Council for Social Service Professions; Respondent: MBC; Respondent: TLC; Respondent: MT; Respondent: BAT; Amicus Curiae: Centre for Child Law
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
25 January 2023
Case Number
20/43969
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Judgment and Order Dated 19 November 2022.
Outcome
Leave to appeal granted to the Supreme Court of Appeal against paragraphs 8, 9, 10, 11 and 13 of the judgment and order dated 19 November 2022. Costs of the application are to be costs in the appeal.
Judges
Dippenaar
Legal Topics
Leave to Appeal Standard, Children S Act Interpretation, Best Interests of Child, Adoption Guidelines, Costs in Appeal, Superior Courts Act
Constitutional Law Family and Children Civil Procedure Leave to Appeal Standard Children S Act Interpretation Best Interests of Child Adoption Guidelines Costs in Appeal +1 more

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Parties

TT

Applicant

BM

Applicant

Minister of Social Development

Respondent

Member of the Executive Council for Social Development, Gauteng

Respondent

Head of Department, Gauteng

Respondent

Department of Social Development Sinah Phiri

Respondent

Livhuwani Mufamadi-Malaka

Respondent

Pearl Hlatshwako

Respondent

Member of the Executive Council for Health, Gauteng

Respondent

Evelyn Mahlangu

Respondent

Goitsemang Botes

Respondent

South African Council for Social Service Professions

Respondent

MBC

Respondent

TLC

Respondent

MT

Respondent

BAT

Respondent

Centre for Child Law

Amicus Curiae

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Judgment and Order Dated 19 November 2022.

Legal Issues

  1. 1 Whether leave to appeal should be granted against paragraphs 8, 9, 10, 11 and 13 of the judgment and order dated 19 November 2022.
  2. 2 Whether there are reasonable prospects of success or compelling reasons for granting leave to appeal as envisaged by section 17(1)(a) of the Superior Courts Act.
  3. 3 Whether the orders raise important constitutional and statutory issues warranting consideration by the Supreme Court of Appeal.

Ratio Decidendi

The court found that the Department had abandoned its application for leave to appeal in respect of orders 1–7 and 12, and that there were no reasonable prospects of success or compelling reasons to grant leave for those orders. Regarding orders 8, 9, 10, 11 and 13, the court was not persuaded that reasonable prospects of success existed, but concluded that compelling reasons were present due to the constitutional and statutory importance of the issues raised, including the interpretation of the Children’s Act and Adoption Guidelines. The administration of justice required consideration by the Supreme Court of Appeal. Accordingly, leave to appeal was granted for those orders, with costs...

Court Disposition

Leave to appeal granted to the Supreme Court of Appeal against paragraphs 8, 9, 10, 11 and 13 of the judgment and order dated 19 November 2022. Costs of the application are to be costs in the appeal.

Orders

  • Leave to appeal is granted to the Supreme Court of Appeal against paragraphs 8, 9, 10, 11 and 13 of the orders granted and the portions of the judgment of 19 November 2022 relating thereto.
  • The costs of the application are to be costs in the appeal.