South Africa Case Law

L.M v S (A390/2011)

L.M v S (A390/2011) [2012] ZAWCHC 176; 2013 (1) SACR 188 (WCC); [2013] 1 All SA 110 (WCC) (23 October 2012)

Court

Western Cape High Court, Cape Town

Case number

A390/2011

Judges

Desai, Gamble, Henney

The court held that section 85 of the Child Justice Act must be interpreted to provide automatic review for all cases involving children under 16 years at the time of the offence, regardless of legal representation, sentence type, or the court in which the matter was heard. For children aged 16 to 18, automatic review applies where the sentence is imprisonment not wholly suspended or compulsory residence in a child and youth care centre, irrespective of sentence duration, legal representation, or whether the sentence was imposed by a Regional Court. The court found that the Child Justice Act…

Source excerpt

• Child Justice Act
• Automatic Review
• Legal Representation
• Sentencing Of Children
• Magistrates Court Procedure
• Constitutional Paramountcy

Jackson v Jackson (18/2001)

Jackson v Jackson (18/2001) [2001] ZASCA 139; 2002 (2) SA 303 (SCA) (29 November 2001)

Court

Supreme Court of Appeal

Case number

18/2001

Judges

Hefer, Marais, Scott, Cloete, Brand

Appeal about whether two children should be allowed to emigrate with their custodial father to Australia after divorce.

• Custody Variation
• Child Emigration
• Best Interests Of Child
• Parental Access
• Psychological Harm
• Constitutional Paramountcy