South Africa Case Law

Stewart obo S v Member of the Executive Council Department for Social Development, Eastern Cape and Others (628/2013)

Stewart obo S v Member of the Executive Council Department for Social Development, Eastern Cape and Others (628/2013) [2016] ZAECBHC 9 (4 October 2016)

Court

Eastern Cape High Court, Bhisho

Case number

628/2013

Judge

S M Mbenenge

High Court costs ruling in a child-care administrative dispute. The applicant failed to prove unlawful delay, but the court declined to order costs against her.

• Promotion Of Administrative Justice Act
• Child In Need Of Care
• Foster Care Grant
• Best Interests Of Child
• Administrative-law
• Children-act

T.M.M v Member of the Executive Council for Social Development and Social Programmes, Eastern Cape and Others (253/2013)

T.M.M v Member of the Executive Council for Social Development and Social Programmes, Eastern Cape and Others (253/2013) [2015] ZAECBHC 4 (10 March 2015)

Court

Eastern Cape High Court, Bhisho

Case number

253/2013

Judge

T. Malusi

The court held that a foster care grant application was not properly before it because mandatory practice rules were not followed. Costs were split, but the applicant’s attorney paid wasted costs.

• Foster Care Grant
• Practice Rules Non Compliance
• Costs De Bonis Propriis
• Attorney Negligence
• Foster-care-grant
• Practice-rules

Coughlan N.O. v Road Accident Fund (977/08)

Coughlan N.O. v Road Accident Fund (977/08) [2013] ZAWCHC 212 (6 June 2013)

Court

Western Cape High Court, Cape Town

Case number

977/08

Judge

Henney

The court found that foster care grants are paid to foster parents to enable them to comply with their obligations to the child, and the child has no direct claim to the grant. The grant is not automatically triggered by the death of the breadwinner but rather by the need for care, which may exist independently of the death. The foster care grant is distinct from a child support grant, both in its purpose and administration. The foster care grant lapses upon the death of the foster parent, not the child, and is not paid directly to the child. The court held that, in the circumstances of this…

Source excerpt

• Loss Of Support
• Foster Care Grant
• Res Inter Alios Acta
• Assessment Of Damages
• Social Assistance Act
• Road Accident Fund Liability

NM v Presiding Officer of the Children’s Court, District of Krugersdorp and Others (A3075/2011)

NM v Presiding Officer of the Children’s Court, District of Krugersdorp and Others (A3075/2011) [2013] ZAGPJHC 64; 2013 (4) SA 379 (GSJ); [2013] 3 All SA 471 (GSJ) (12 April 2013)

Court

South Gauteng High Court, Johannesburg

Case number

A3075/2011

Judges

Carelse, Mathopo

The court held that section 150(1)(a) of the Children’s Act must be interpreted purposively and in line with the Constitution, ensuring the best interests of the child. The distinction between caregivers who owe a common law duty of support and those who do not is irrational and discriminatory. The inquiry into whether a child is in need of care and protection must focus on the child’s own financial means, not the caregiver’s. If the child is orphaned and without visible means of support, and the caregiver cannot financially provide for the child, the child qualifies for foster care and the c…

Source excerpt

• Children In Need Of Care
• Foster Care Grant
• Interpretation Of Children Act
• Visible Means Of Support
• Best Interests Of Child