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South Africa decisions
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Welgemoed and Another v Potgieter and Others (88660/2019) [2024] ZAGPPHC 13 (2 January 2024)
High Court enforcement ruling in a children’s matter: the respondents were ordered to comply with existing contact, therapy and reporting directives.
Fourie and Another v de Wet and Others (13080/2022) [2023] ZAWCHC 112 (17 May 2023)
The court held that the terminology of 'care' as used in the Children’s Act and the High Court order encompasses the concept of 'custody' and 'legal custody' for all legal purposes, including the requirements of the medical aid scheme. Section 1(2) of the Children’s Act expressly provides that 'custody' must be construed to mean 'care', and the order granted the applicants both guardianship and care of the children. The medical aid scheme’s reliance on outdated terminology does not justify the exclusion of the children as dependents, as the legislative framework has replaced 'custody' with 'c…
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V.A.K and Another v G.K and Others (842/2021) [2022] ZANCHC 36 (14 June 2022)
The court declared a disputed will invalid, set aside the executrix’s appointment, ordered return of estate items, and interdicted pension payments.
Bouwer obo M.G v Road Accident Fund (36075/2018) [2021] ZAGPPHC 211; 2021 (5) SA 233 (GP) (26 March 2021)
The court held that only persons with legal guardianship, as defined by the Children's Act and common law, may lawfully conclude contracts such as contingency fee agreements on behalf of minors. The minor's great grandmother, although a de facto caregiver, did not have legal authority to enter into such agreements. The agreements were therefore voidable, if not void, and not in the best interests of the minor. The court further found that the risk in the litigation was negligible, as the minor was a passenger and liability was virtually certain. The proposed trust for the minor's benefit was…
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T.A.E.N v E.N (41999/15) [2015] ZAGPPHC 465 (26 June 2015)
The High Court dismissed a jurisdictional point in limine in an urgent Rule 43 application, holding that the respondent’s functional diplomatic immunity did not bar maintenance and guardianship relief.
Ex parte: Sibisi (2115/10) [2010] ZAKZPHC 56; 2011 (1) SA 192 (KZP) (17 September 2010)
The High Court held that the Children’s Court lacks jurisdiction to grant guardianship orders under the Children’s Act and granted the applicant sole parental rights.
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