Centre for Child Law v The Governing Body of Hoerskool Fochville (156/2015)
Centre for Child Law v The Governing Body of Hoerskool Fochville (156/2015) [2015] ZASCA 155; [2015] 4 All SA 571 (SCA); 2016 (2) SA 121 (SCA) (8 October 2015)
The Supreme Court of Appeal held that the application to compel production of the children’s questionnaires under rule 35(12) was procedurally defective because the school failed to follow the process set out in rule 30A. Even if the questionnaires were not privileged, the best interests of the children required paramount consideration. The children’s confidentiality was promised and their participation in the litigation was protected by constitutional and statutory rights. The school did not demonstrate any prejudice or necessity for the questionnaires to answer the intervention application.…
Source excerpt
- Discovery And Production Of Documents
- Child Participation In Litigation
- Best Interests Of The Child
- Legal Representation Of Children