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South Africa decisions
Decisions matching the current search
T.D.M v I.P.M (17112/2021) [2021] ZAGPPHC 353 (23 April 2021)
Urgent child-contact dispute in which the High Court ordered SIM returned to the applicant pending a social worker’s forensic assessment.
T.D.M v I.P.M (17112/2021) [2021] ZAGPPHC 229 (22 April 2021)
Urgent family-law application about a child's residence and contact was granted in part, with interim arrangements preserved pending a social worker's forensic report.
D[....] v D[....] (22683/2012) [2021] ZAGPPHC 320 (15 March 2021)
Divorce judgment awarding the defendant primary residence of the children, with structured contact for the plaintiff and interim maintenance pending outstanding issues.
Tislevoll v Minister of Social Development and Others (30278/2020) [2021] ZAGPJHC 895 (15 February 2021)
The court held that the applicant, a Norwegian national who had become habitually resident in South Africa for less than one year, did not qualify to adopt the minor child domestically under Chapter 15 of the Children’s Act, as she was not a permanent resident. She also did not qualify for inter-country adoption under Chapter 16 and The Hague Convention, as she was no longer habitually resident in Norway. The applicant’s attempts to adopt the minor child inter-country were procedurally and substantively defective, including direct interaction with the South African Central Authority and pre-i…
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O.M.L.M v K.K.C.M (27774/17) [2020] ZAGPPHC 615 (14 October 2020)
The court found that the applicant, as the biological mother and co-holder of parental rights, had standing to seek suspension of the respondent's parental rights and responsibilities. The evidence established that the respondent had a history of substance abuse, mental illness, unemployment, and lack of commitment to the child's welfare, including failure to honour visitation and maintenance obligations. The Family Advocate's reports confirmed the respondent's lack of cooperation and inability to maintain a stable relationship with the child. Applying the best interests of the child principl…
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Manqina v Road Accident Fund (446/2014) [2019] ZAECBHC 8 (9 May 2019)
The court found that the jurisdictional requirements for interim payment under Rule 34A were met, as the merits had been settled and judgment obtained against the defendant for damages to be determined. While section 17(6) of the Road Accident Fund Act restricts interim payments to costs already incurred, the court interpreted this provision in light of the Act's purpose to provide the widest possible protection and compensation to victims of road accidents. The court considered the best interests of the child, the applicant's financial constraints, and the respondent's delay in handling the…
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N.F.M v John Wesley School and Another (4594/2016) [2018] ZAKZDHC 64; 2019 (2) SA 557 (KZD) (19 December 2018)
The court found that the exclusion policy as practiced by the first respondent was inconsistent with the Constitution, specifically sections 28(2) and 29(3)(c), as it victimized and humiliated the learner for his parents' failure to pay school fees. The contract applicable to the 2016 school year did not provide for exclusion of learners for non-payment, and the school’s conduct breached its own contractual terms. The court held that independent schools must act in a manner that minimizes harm to the learner’s right to education and must follow fair procedures that consider the best interests…
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