Z.G.S v X.V and Others (439/2015) [2016] ZAECMHC 12 (15 March 2016)

Z.G.S v X.V and Others (439/2015) [2016] ZAECMHC 12 (15 March 2016)

The court held that the applicant, as the maternal grandmother and in loco parentis to the child, has locus standi to bring the review application. The Children's Act empowers any person acting in the interest of a child to approach the court, and the applicant's ongoing care and commitment to the child after the mother's death established her standing. The absence of formal appointment as guardian does not preclude her from seeking relief, including guardianship, as the court may grant such relief in the best interests of the child. The point in limine challenging her locus standi was dismissed, and the main application was directed to be set down for hearing.

Citation
[2016] ZAECMHC 12
Parties
Applicant: Z.G.S; Respondent: X.V; Respondent: The Family Advocate, Mthatha; Respondent: The Magistrate, Mr Nkanyuza N.O; Respondent: The Minister of Justice & Correctional Services, RSA
Court
Eastern Cape High Court, Mthatha
Jurisdiction
South Africa
Judgment Date
15 March 2016
Case Number
439/2015
Procedural Posture
Review Application / Point in Limine (locus Standi) and Directions for Main Application
Outcome
The point in limine regarding locus standi is dismissed with costs. The main application is to be set down for hearing as soon as possible.
Judges
L.P. Pakade
Legal Topics
Locus Standi, Guardianship, Best Interests of Child, Children S Act, Review of Magistrate Decision
Family and Children Civil Procedure Locus Standi Guardianship Best Interests of Child Children S Act Review of Magistrate Decision

Case Brief

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Parties

Z.G.S

Applicant

X.V

Respondent

The Family Advocate, Mthatha

Respondent

The Magistrate, Mr Nkanyuza N.O

Respondent

The Minister of Justice & Correctional Services, RSA

Respondent

Procedural Posture

Review Application / Point in Limine (locus Standi) and Directions for Main Application

Legal Issues

  1. 1 Does the applicant, as maternal grandmother, have locus standi to bring a review application regarding custody of the minor child?
  2. 2 Can the applicant claim guardianship or care rights over the child without formal appointment as guardian?
  3. 3 What is the role of the best interests of the child in determining standing and relief?

Ratio Decidendi

The court held that the applicant, as the maternal grandmother and in loco parentis to the child, has locus standi to bring the review application. The Children's Act empowers any person acting in the interest of a child to approach the court, and the applicant's ongoing care and commitment to the child after the mother's death established her standing. The absence of formal appointment as guardian does not preclude her from seeking relief, including guardianship, as the court may grant such relief in the best interests of the child. The point in limine challenging her locus standi was dismissed, and the main application was directed to be set down for hearing.

Court Disposition

The point in limine regarding locus standi is dismissed with costs. The main application is to be set down for hearing as soon as possible.

Orders

  • The point in limine is dismissed with costs.
  • The hearing of the main application must be set down as soon as possible.