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South Africa Case Law

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Family And Children [2024] ZAGPJHC 1154

D.K.F v C.F (Born D.P) (2023-133256)

D.K.F v C.F (Born D.P) (2023-133256) [2024] ZAGPJHC 1154 (8 November 2024)

Court
South Gauteng High Court, Johannesburg
Case number
2023-133256
Judge
Gilbert AJ

The court found that the settlement agreement and supporting affidavits failed to address the best interests of both the minor child born of the marriage and the foster child. No evidence was presented as to why shared primary residency and the lack of general maintenance were in the children's best interests, and the views of the Family Advocate and designated social worker were absent. The court held that, as upper guardian, it must ensure that adequate provision is made for all minor children, including foster children, before granting a divorce order. The matter was removed from the roll…

Source excerpt

  • Divorce Proceedings
  • Best Interests Of Child
  • Foster Care
  • Parental Responsibilities
  • Maintenance
  • Shared Residency
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Civil Procedure [2023] ZAGPPHC 1828

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…

Source excerpt

  • Loss Of Support
  • Road Accident Fund Liability
  • Foster Care
  • Tacit Agreement
  • Constitutional Rights Of Children
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Family And Children [2022] ZAGPPHC 266

M.E.K and Another v Provincial Head of the Department of Social Development and Others (19219/22)

M.E.K and Another v Provincial Head of the Department of Social Development and Others (19219/22) [2022] ZAGPPHC 266 (3 May 2022)

Court
North Gauteng High Court, Pretoria
Case number
19219/22
Judge
E van der Schyff

The court found that the provincial head of social development failed to exercise the discretion required by section 169 of the Children's Act, instead merely rubberstamping the biological parents' refusal without considering the best interests of the child. The refusal was not based on a holistic assessment of the child's welfare, but solely on the parents' objections. The court held that the best interests of the child are paramount and that the applicants, as foster parents, had demonstrated responsible care. The urgency of the matter and the time constraints rendered strict compliance wit…

Source excerpt

  • Children's Act
  • Foster Care
  • Removal Of Child From Republic
  • Promotion Of Administrative Justice Act
  • Best Interests Of Child
  • Internal Remedies Exhaustion
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Delict [2014] ZAGPPHC 815

R.F v Road Accident Fund (61958/2012)

R.F v Road Accident Fund (61958/2012) [2014] ZAGPPHC 815; 2015 (5) SA 532 (GP) (18 September 2014)

Court
North Gauteng High Court, Pretoria
Case number
61958/2012
Judge
D S Fourie

The court held that, under both the repealed Child Care Act and the current Children’s Act, foster parents have a statutory duty to maintain and support foster children placed in their care. The Children’s Act and its regulations explicitly impose parental responsibilities on foster parents, including financial support. The argument that foster care is temporary and that the duty of support rests solely with the State was rejected. The court found that the foster child has a legally protected right to claim support from the foster parent, and that the Road Accident Fund is liable for loss of…

Source excerpt

  • Loss Of Support
  • Duty Of Care
  • Foster Care
  • Road Accident Fund Act
  • Children's Act
  • Statutory Duty
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Family And Children [2012] ZAGPJHC 149

SS v Presiding Officer of the Children’s Court: District of Krugersdorp and Others (14/1/4-206/10, A3056/11)

SS v Presiding Officer of the Children’s Court: District of Krugersdorp and Others (14/1/4-206/10, A3056/11) [2012] ZAGPJHC 149; 2012 (6) SA 45 (GSJ) (29 August 2012)

Court
South Gauteng High Court, Johannesburg
Case number
14/1/4-206/10, A3056/11
Judges
Saldulker, MVR Potgieter

The court held that the Children’s Court erred in its interpretation of s150(1)(a) of the Children’s Act by focusing on the means of the caregiver rather than the child. The correct approach is a two-stage inquiry: first, whether the child is orphaned or abandoned; second, whether the child is without any visible means of support, which refers to the child’s own financial resources and not those of the caregiver. The Lamanis, as the child’s aunt and uncle, have no legal duty of support and thus qualify as foster parents. The minor child, SS, is an orphan without visible means of support and i…

Source excerpt

  • Foster Care
  • Children In Need Of Care
  • Interpretation Of Statutes
  • Social Assistance
  • Best Interests Of Child
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.