South Africa Case Law

M v Bruwer and Another (12624/18)

M v Bruwer and Another (12624/18) [2018] ZAWCHC 188; [2019] 4 All SA 165 (WCC) (21 December 2018)

Court

Western Cape High Court, Cape Town

Case number

12624/18

Judge

Vos

The court held that the delegation of judicial authority to a facilitator, in this case Mrs Bruwer, to vary a High Court maintenance order is impermissible under South African law and the Constitution. Section 165 of the Constitution vests judicial authority exclusively in the courts, and neither the Children's Act nor any other legislation authorises such delegation. The parenting plan and consent paper, even when made orders of court, cannot override constitutional limitations. The process followed by Mrs Bruwer was found to be unfair, as Mrs M was not afforded a proper hearing, was denied…

Source excerpt

• Parenting Plan
• Maintenance Variation
• Delegation Of Judicial Authority
• Fair Hearing
• Best Interests Of Child

T.C v S.C (20286/2017)

T.C v S.C (20286/2017) [2018] ZAWCHC 46; 2018 (4) SA 530 (WCC) (18 April 2018)

Court

Western Cape High Court, Cape Town

Case number

20286/2017

Judge

D M Davis

The High Court dismissed a Rule 43 application seeking parenting coordination, a diabetes-treatment switch, and mid-week sleepover contact for two children.

• Parenting Coordination
• Children's Act 38 Of 2005
• Interim Relief
• Best Interests Of Child
• Delegation Of Judicial Authority
• Parenting-coordination