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South Africa decisions
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X.S (7265/2024), In Re [2024] ZALMPPHC 80 (18 July 2024)
The High Court dispensed with a father’s consent for a minor’s educational trip to the United States, finding the travel in the child’s best interests.
Centre for Child Law and Others v South African Council for Educators and Others (1289/2022) [2024] ZASCA 45; 2024 (4) SA 473 (SCA) (9 April 2024)
The Supreme Court of Appeal found that SACE unlawfully fettered its statutory discretion by applying its mandatory sanctions policy as rigid rules, failing to consider the individual circumstances of each case. The disciplinary proceedings were procedurally unfair as the affected children and their parents were denied meaningful participation and the opportunity to be heard on appropriate sanctions. SACE committed a material error of law by not considering rehabilitative and corrective sanctions, contrary to constitutional and statutory obligations to act in the best interests of the child. T…
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D.D.K v R.M.B.D.K & Van Aswegen NO (2022/6381) [2023] ZAGPJHC 382 (26 April 2023)
The High Court refused to remove a curatrix ad litem, finding no misconduct or incompetence and ordering a Family Advocate investigation into the child’s best interests.
Centre for Child Law and Others v South African Council for Educators and Others (61630/2020) [2022] ZAGPPHC 787 (13 October 2022)
The court found that the applicants failed to institute review proceedings within a reasonable time, and their explanation for the delay was inadequate. The absence of reasons from the administrator did not justify the lengthy delay, as applicants could have proceeded under Rule 53 and supplemented their papers. The interests of justice, including finality and the potential prejudice to the educators, weighed against granting condonation. Accordingly, the relief sought in prayers 1 to 5 was refused. However, the court held that the revised mandatory sanctions policy adopted in June 2020 did n…
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J J v R V (5832/2019) [2020] ZAFSHC 226 (19 October 2020)
High Court parenting dispute ordering shared parental rights, primary residence with the respondent, structured contact for the applicant, and each party to pay own costs.
S.H v S.A.R (3450/2017) [2018] ZAECPEHC 19 (8 May 2018)
The court found that the respondent's circumstances had deteriorated, with loss of employment, unstable housing, and the end of her relationship, resulting in diminished ability to provide stability and security for the minor child. Expert reports from the Family Advocate, Advocate Rossi, and Mr Kew supported the applicant's greater capacity to provide for the child's developmental needs. While acknowledging the emotional bond between the child and respondent, the court held that the applicant is currently better positioned to ensure the child's welfare, education, and psychological developme…
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M.A.N v L.M.M; In re: A.S.K.M (1278/2016) [2016] ZAECMHC 33 (5 July 2016)
The High Court awarded custody of a minor girl to her mother, granted the father reasonable access, and ordered family advocate monitoring.
M v L, D v B (A379/16, A380/16) [2016] ZAGPPHC 415 (9 June 2016)
The High Court held that the Children's Act applies to Protection from Harassment Act proceedings involving child respondents and set service and appearance requirements.
Brossy v Brossy (602/2011) [2012] ZASCA 151 (28 September 2012)
The Supreme Court of Appeal held that the high court erred in referring the matter back for a retrial before a new magistrate. Given the incomplete record, the proper course was to postpone the appeal to allow the appellant to complete and reconstruct the record of proceedings in the maintenance court. This approach would preserve the accrued rights of the children and avoid unnecessary duplication of proceedings. The court emphasized the importance of protecting the interests of minor children, including their right to participate and be heard, and recognized the potential need for legal rep…
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H G v C G (1408/2009) [2009] ZAECPEHC 48; 2010 (3) SA 352 (ECP) (10 September 2009)
The court refused a mother’s bid to vary a parenting plan and relocate four children to Dubai, holding that the children’s views and best interests were decisive.
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