South Africa Case Law

S v Dhliwayo (207/2024; A113/2024)

S v Dhliwayo (207/2024; A113/2024) [2025] ZAWCHC 139 (25 March 2025)

Court

Western Cape High Court, Cape Town

Case number

A113/2024

Judges

Pangarker, Sher

The court found that the accused was 17 years and 10 months old at the time of the commission of the offence, but was 18 at the time of his first appearance and arrest. The magistrate erred in not recognizing the significance of the accused's age at the time of the offence and failed to apply the Child Justice Act and the constitutional protections afforded to children. However, the legislative framework requires that the Child Justice Act applies only if the accused was under 18 at the time of arrest, unless the Director of Public Prosecutions issues a directive for its application to those…

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• Child Justice Act
• Sentencing Of Minors
• Robbery
• Constitutional Rights Of Children

N.P.M v W.R (094519/2024)

N.P.M v W.R (094519/2024) [2025] ZAGPPHC 185 (20 February 2025)

Court

North Gauteng High Court, Pretoria

Case number

094519/2024

Judge

P A Van Niekerk

The court refused a postponement in a Rule 43 matter and ordered interim maintenance, a vehicle, and a costs contribution after finding the request was not bona fide.

• Rule 43 Interim Relief
• Maintenance Pendente Lite
• Contribution Towards Costs
• Best Interests Of Child
• Financial Disclosure
• Constitutional Rights Of Children

N.M v B.M and Others (11384/2024)

N.M v B.M and Others (11384/2024) [2024] ZAWCHC 254 (11 September 2024)

Court

Western Cape High Court, Cape Town

Case number

11384/2024

Judge

DM Thulare

The court found that the respondent had, during the marriage, assumed the role of parent to the applicant's children, providing for them emotionally and financially and presenting himself as responsible for their care. The abrupt withdrawal of support was not justified, and the children’s right to parental care, as protected by the Constitution and the Children’s Act, extends to step-parents who have acted in loco parentis. The respondent’s representations and conduct created a legitimate expectation of continued support. The applicant was financially disadvantaged and unable to litigate on e…

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• Maintenance Of Stepchildren
• Parental Care
• Contribution To Legal Costs
• Interim Relief
• Children S Act
• Constitutional Rights Of Children

Master of the High Court, Gauteng Division (132182/2023), Ex parte

Master of the High Court, Gauteng Division (132182/2023), Ex parte [2024] ZAGPPHC 797 (13 August 2024)

Court

North Gauteng High Court, Pretoria

Case number

132182/2023

Judge

Neukircher

The Court finds that the statutory cap on payments from the Guardian's Fund for the maintenance and education of the minor, RN, will be exceeded due to ongoing and reasonable expenses. The administrative difficulties and delays caused by requiring repeated court applications would prejudice the minor and are contrary to the best interests of the child as enshrined in section 28 of the Constitution. The Court prefers the approach in Ex Parte The Master: In re van Onselen and In re Estate Simmonds, which allow the Master broader discretion to make payments for the minor's proper maintenance and…

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• Administration Of Estates Act
• Guardians Fund
• Maintenance Of Minors
• Judicial Discretion
• Constitutional Rights Of Children

L.N v S (CA&R: 22/2024)

L.N v S (CA&R: 22/2024) [2024] ZAECMKHC 85 (12 August 2024)

Court

Eastern Cape High Court, Makhanda

Case number

CA&R: 22/2024

Judges

Bands, M.W. Nobatana

Appeal against sentence for assault with intent to do grievous bodily harm dismissed; 18 months’ direct imprisonment was confirmed.

• Assault With Intent To Do Grievous Bodily Harm
• Sentencing Principles
• Mitigation Of Sentence
• Prior Convictions
• Constitutional Rights Of Children
• Criminal-law

R.S v J.S (A25/2024)

R.S v J.S (A25/2024) [2024] ZAWCHC 154; 2024 (6) SA 609 (WCC) (3 June 2024)

Court

Western Cape High Court, Cape Town

Case number

A25/2024

Judges

Lekhuleni, Bishop

The High Court held that a man who had de facto adopted a foster child remained legally liable to maintain her despite incomplete adoption proceedings.

• Maintenance Of Foster Child
• De Facto Adoption
• Best Interests Of Child
• Duty Of Support
• Children S Act
• Constitutional Rights Of Children

Z.M.V.D.M obo Three Minor Children v Road Accident Fund (25411/2017)

Z.M.V.D.M obo Three Minor Children v Road Accident Fund (25411/2017) [2023] ZAGPPHC 1828 (16 October 2023)

Court

North Gauteng High Court, Pretoria

Case number

25411/2017

Judge

R G Tolmay

The court found that, although the foster children were not biologically related to the deceased nor formally in his foster care, the deceased and the plaintiff had formed a permanent life partnership and assumed full responsibility for the children for over six years. The evidence established a tacit agreement that the deceased would maintain both the plaintiff and the children. The obligations arising from this relationship are worthy of legal protection, especially in light of the constitutional imperative to protect the best interests of children. The court held that the Road Accident Fun…

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• Loss Of Support
• Road Accident Fund Liability
• Foster Care
• Tacit Agreement
• Constitutional Rights Of Children

S v Mphahlele (SS 111/2021)

S v Mphahlele (SS 111/2021) [2023] ZAGPJHC 792 (14 July 2023)

Court

South Gauteng High Court, Johannesburg

Case number

SS 111/2021

Judge

Bhoola

The court found that, although the offence of murder is extremely serious and ordinarily attracts a minimum sentence of 15 years' imprisonment, substantial and compelling circumstances exist in this case to justify deviation. The accused is a young, emotionally immature primary caregiver who suffered psychological and emotional trauma, was subjected to abuse, and acted under extreme distress. The best interests of her minor children, who are now cared for by their maternal grandmother, must be weighed against the need for a fair and just sentence. The court determined that correctional superv…

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• Murder
• Primary Caregiver Sentencing
• Minimum Sentence Deviation
• Best Interests Of Children
• Correctional Supervision
• Constitutional Rights Of Children

Idola (Pty) Ltd, Twin City Reality (Pty) Ltd v City of Johannesburg Metropolitan Municipality and Others (047352/2023)

Idola (Pty) Ltd, Twin City Reality (Pty) Ltd v City of Johannesburg Metropolitan Municipality and Others (047352/2023) [2023] ZAGPJHC 578 (25 May 2023)

Court

South Gauteng High Court, Johannesburg

Case number

047352/2023

Judge

GC Wright

The High Court granted urgent interim relief stopping municipal service disconnections to a residential building, subject to ongoing payment of current charges.

• Municipal Services Disconnection
• Interim Interdict
• Constitutional Rights Of Children
• Payment Dispute
• Urgent Relief
• Municipal-services-disconnection

Phumzile v S (A118/2020)

Phumzile v S (A118/2020) [2022] ZAGPJHC 921 (15 November 2022)

Court

South Gauteng High Court, Johannesburg

Case number

A118/2020

Judges

M.T. Jordaan, M. Mdalana-Mayisela

The court found that the trial court misdirected itself by failing to provide reasons for the sentence and by not properly considering the appellant's personal circumstances and the interests of his minor children. The appellate court held that substantial and compelling circumstances existed, including the appellant's status as a first offender, his role as a primary caregiver, and the nature of the altercation leading to the offence. The court determined that the prescribed minimum sentence of 15 years imprisonment was disproportionate in the circumstances and that a lesser sentence was jus…

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• Sentencing Principles
• Minimum Sentences
• Substantial And Compelling Circumstances
• Triad Of Zinn
• Primary Caregiver
• Constitutional Rights Of Children