Petersen v Maintenance Officer and Others (6541/03)
Petersen v Maintenance Officer and Others (6541/03) [2003] ZAWCHC 61; [2004] 1 All SA 117 (C); 2004 (2) BCLR 205 (C); 2004 (2) SA 56 (C) (11 November 2003)
The common law rule, as interpreted in Motan, which denies a duty of support by paternal grandparents to extra-marital children, constitutes unfair discrimination on the ground of birth and infringes the dignity of such children. This differentiation is not justified under section 36 of the Constitution, as it is unreasonable and unjustifiable in an open and democratic society based on human dignity, equality, and freedom. The court found that the best interests of the child, as well as the rights to equality and dignity, require that the common law be developed to impose a duty of support on…
Source excerpt
- Duty Of Support
- Discrimination On Ground Of Birth
- Best Interests Of Child
- Development Of Common Law
- Maintenance Act
- Equality And Dignity