South Africa Case Law

TT and Another v Minister of Social Development and Others (20/43969)

TT and Another v Minister of Social Development and Others (20/43969) [2022] ZAGPJHC 931; [2023] 1 All SA 803 (GJ); 2023 (2) SA 565 (GJ) (19 November 2022)

Court

South Gauteng High Court, Johannesburg

Case number

20/43969

Judge

E F Dippenaar

The court found that the Department and its social workers unlawfully interfered with the adoptions of B and L by misinterpreting and misapplying the Children’s Act and the Guidelines, causing unjustified delays and breaching the constitutional rights of the applicants and the minor children. The Department’s Practice Guidelines on National Adoption were declared invalid as they were inconsistent with the Constitution and the Children’s Act, imposed requirements not contemplated by law, and were promulgated ultra vires. The Department’s refusal to issue a recommendation letter for B’s adoptio…

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• Adoption Procedure
• Children S Act Interpretation
• Best Interests Of Child
• Administrative Review Under Paja
• Privacy And Confidentiality
• Doctrine Of Legality

AS and Another v LCE and Others (2022/5530)

AS and Another v LCE and Others (2022/5530) [2022] ZAGPJHC 497 (22 July 2022)

Court

South Gauteng High Court, Johannesburg

Case number

2022/5530

Judge

Oosthuizen-Senekal CSP

The court found that the matter was urgent because the applicants would not be afforded substantial redress if the application followed the normal course, given the risk of harm to the minor child, LMM. The best interests of the child are paramount, and LMM has been in the applicants' care since infancy, forming a close attachment. Removing her from their care would cause significant emotional and physical harm. The applicants have demonstrated commitment and acted in good faith throughout the adoption process. The court concluded that interim relief assigning parental responsibilities and ri…

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• Parental Responsibilities And Rights
• Best Interests Of Child
• Adoption Procedure
• Urgent Interim Relief

K.H.D and Another v Head of Department of Social Development, Gauteng and Others (30205/2019, 55642/2019)

K.H.D and Another v Head of Department of Social Development, Gauteng and Others (30205/2019, 55642/2019) [2021] ZAGPPHC 388 (17 June 2021)

Court

North Gauteng High Court, Pretoria

Case number

30205/2019, 55642/2019

Judge

Ranchod

The High Court held that a section 239(1)(d) letter under the Children’s Act may be a non-recommendation or even be absent, and the Children’s Court still has jurisdiction.

• Adoption Procedure
• Children S Act Interpretation
• Best Interests Of Child
• Jurisdiction Of Children S Court
• Statutory Interpretation
• Adoption-procedure

Joubert and Another v J and Another (A90/18, 142/18)

Joubert and Another v J and Another (A90/18, 142/18) [2018] ZAGPPHC 529 (8 March 2018)

Court

North Gauteng High Court, Pretoria

Case number

A90/18, 142/18

Judges

H.J Fabricius, A.J Bam

The High Court set aside a Children's Court adoption order after noting indications of irregularity or fraud and ordered fresh proceedings under the Children's Act.

• Adoption Procedure
• Children S Act Compliance
• Jurisdiction Of Children S Court
• Irregular Court Order
• Adoption-procedure
• Children-s-act-compliance

JGB and Another v Presiding Officer, Children's Court, Wynberg N.O and Others (13964/2015)

JGB and Another v Presiding Officer, Children's Court, Wynberg N.O and Others (13964/2015) [2016] ZAWCHC 45; [2016] 3 All SA 167 (WCC) (26 April 2016)

Court

Western Cape High Court, Cape Town

Case number

13964/2015

Judges

M I Samela, J Cloete

High Court review in adoption proceedings. The court set aside rulings made without the required section 239(1)(d) recommendation and clarified the status of a consenting parent.

• Adoption Procedure
• Children's Act Interpretation
• Parental Responsibilities And Rights
• Legal Standing In Adoption
• Judicial Review Of Magistrate
• Best Interests Of Child

adoption of B (01/2015), In Re

adoption of B (01/2015), In Re [2015] ZANWHC 55 (13 August 2015)

Court

North West High Court, Mafikeng

Case number

01/2015

Judge

A A Landman

The High Court appointed a curator ad litem to investigate possible inaccuracies in adoption proceedings and to verify whether the mother knew of and consented to the adoption.

• Adoption Procedure
• Best Interests Of Child
• Curator Ad Litem Appointment
• Consent To Adoption
• Adoption-procedure
• Best-interests-of-child

Ndala, In re: Ndala (14/1/2-19/2010)

Ndala, In re: Ndala (14/1/2-19/2010) [2012] ZAGPJHC 102; 2013 (6) SA 153 (GSJ) (18 May 2012)

Court

South Gauteng High Court, Johannesburg

Case number

14/1/2-19/2010

Judges

H Saldulker, M Victor

High Court review of an adoption order confirmed condonation of the missing section 239(1)(d) recommendation letter in exceptional circumstances.

• Adoption Procedure
• Best Interests Of Child
• Children S Act Compliance
• Condonation Of Non Compliance
• Adoption-procedure
• Best-interests-of-child

Naude and Another v Fraser (150/97)

Naude and Another v Fraser (150/97) [1998] ZASCA 56; 1998 (4) SA 539 (SCA); [1998] 3 All SA 239 (A) ; 1998 (8) BCLR 945 (SCA) (26 June 1998)

Court

Supreme Court of Appeal

Case number

150/97

Judges

Smalberger, Schutz, Scott, Plewman, Melunsky

The Supreme Court of Appeal held that the children's court commissioner acted properly and in accordance with the Child Care Act and its regulations. Mr Fraser was afforded a full hearing regarding his application to intervene under regulation 4(2), and the commissioner's refusal to allow him to join the proceedings was a judicial exercise of discretion, not a gross irregularity. The adoption application was properly disposed of under regulation 21(1), which permits the commissioner to grant an adoption order without a hearing if satisfied on the relevant matters. The counter-application by M…

Source excerpt

• Adoption Procedure
• Parental Rights
• Child Care Act
• Constitutional Review
• Audi Alteram Partem
• Discretion Of Commissioner