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A.C.J and Another v Road Accident Fund (54532/2016) [2023] ZAGPPHC 1802 (20 October 2023)
The High Court held the Road Accident Fund liable for a minor’s loss of support where the deceased had assumed responsibility and intended to adopt the child.
Centre for Child Law v Minister of Social Development (21122/13) [2013] ZAGPPHC 305; 2014 (1) SA 468 (GNP) (30 October 2013)
Section 230(3) of the Children's Act does not preclude a child from being adoptable merely because the child has a parent or guardian and the person seeking to adopt is the spouse or permanent domestic life-partner of the child's parent or guardian. The court found that abandonment or lack of contact by the non-custodian parent suffices for adoptability, and that the Act expressly permits step-parent adoption. Section 242 does not automatically terminate all parental responsibilities and rights of the guardian upon such adoption, as the court has discretion to order otherwise. This interpreta…
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S v Herman (A679/2009) [2010] ZAGPJHC 34; 2010 (2) SACR 263 (GSJ) (6 May 2010)
The court found that the evidence, particularly the expert medical testimony, excluded every reasonable inference other than that the appellant inflicted the fatal injuries on the child. The appellant's explanations were inconsistent and failed to disturb the conclusions drawn from the totality of the evidence. The conviction on the first count of assault with intent to commit grievous bodily harm was upheld, as the appellant was the sole caregiver at the relevant time and the injury would have been obvious. The conviction on the fourth count of culpable homicide was also upheld, as the sympt…
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