Z v Z (556/2021) [2022] ZASCA 113; 2022 (5) SA 451 (SCA) (21 July 2022)

Z v Z (556/2021) [2022] ZASCA 113; 2022 (5) SA 451 (SCA) (21 July 2022)

The Supreme Court of Appeal held that section 6 of the Divorce Act 70 of 1979 vests parents with the legal standing to claim maintenance for and on behalf of their adult dependent children upon divorce. The court found that the statutory language, properly interpreted in its ordinary, contextual, purposive, and constitutional sense, does not distinguish between minor and adult dependent children regarding maintenance claims. Excluding such claims would undermine constitutional rights to dignity, equality, and emotional wellbeing, and would result in practical and social absurdities, especially given the realities of financial dependency among young adults. The court emphasised that the...

Citation
[2022] ZASCA 113
Parties
Appellant: Z; Respondent: Z
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
21 July 2022
Case Number
556/2021
Procedural Posture
Civil Appeal / Appeal From Eastern Cape Division of the High Court, Port Elizabeth
Outcome
Appeal upheld; special plea dismissed.
Judges
Schippers, Nicholls, Carelse, Meyer, Matojane
Legal Topics
Divorce Act Section 6, Maintenance of Adult Dependent Child, Locus Standi, Constitutional Interpretation, Parental Duty of Support
Family and Children Divorce Act Section 6 Maintenance of Adult Dependent Child Locus Standi Constitutional Interpretation Parental Duty of Support

Case Brief

Summary, issues, holding and outcome

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Parties

Z

Appellant

Z

Respondent

Procedural Posture

Civil Appeal / Appeal From Eastern Cape Division of the High Court, Port Elizabeth

Legal Issues

  1. 1 Whether a parent has locus standi in judicio to claim maintenance from the other parent for and on behalf of an adult dependent child of their marriage upon divorce.
  2. 2 Whether section 6 of the Divorce Act 70 of 1979 authorises such a claim.
  3. 3 Whether excluding such claims would be constitutionally valid.

Ratio Decidendi

The Supreme Court of Appeal held that section 6 of the Divorce Act 70 of 1979 vests parents with the legal standing to claim maintenance for and on behalf of their adult dependent children upon divorce. The court found that the statutory language, properly interpreted in its ordinary, contextual, purposive, and constitutional sense, does not distinguish between minor and adult dependent children regarding maintenance claims. Excluding such claims would undermine constitutional rights to dignity, equality, and emotional wellbeing, and would result in practical and social absurdities, especially given the realities of financial dependency among young adults. The court emphasised that the...

Court Disposition

Appeal upheld; special plea dismissed.

Orders

  • The appeal is upheld with costs, including those of two counsel.
  • The order of the court below is set aside and replaced with: 'The defendant’s special plea is dismissed with costs.'