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South Africa Case Law

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Family And Children [2021] ZAGPJHC 895

Tislevoll v Minister of Social Development and Others (30278/2020)

Tislevoll v Minister of Social Development and Others (30278/2020) [2021] ZAGPJHC 895 (15 February 2021)

Court
South Gauteng High Court, Johannesburg
Case number
30278/2020
Judge
L T Modiba

The court held that the applicant, a Norwegian national who had become habitually resident in South Africa for less than one year, did not qualify to adopt the minor child domestically under Chapter 15 of the Children’s Act, as she was not a permanent resident. She also did not qualify for inter-country adoption under Chapter 16 and The Hague Convention, as she was no longer habitually resident in Norway. The applicant’s attempts to adopt the minor child inter-country were procedurally and substantively defective, including direct interaction with the South African Central Authority and pre-i…

Source excerpt

  • Domestic Adoption
  • Inter Country Adoption
  • Children S Act
  • Promotion Of Administrative Justice Act
  • Habitual Residence Requirement
  • Best Interest Of Child
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Administrative Law [2014] ZAWCHC 171

VR v Minister of Home Affairs and Others; InRe: CT and Another v Minister of Home Affairs and Others; InRe: SM and Another v Minister of Home Affairs and Others; InRe: SG and Another v Minister of Home Affairs and Others (10171/2014, 11149/2014, 11148/2014 ,12008/2014)

VR v Minister of Home Affairs and Others; InRe: CT and Another v Minister of Home Affairs and Others; InRe: SM and Another v Minister of Home Affairs and Others; InRe: SG and Another v Minister of Home Affairs and Others (10171/2014, 11149/2014, 11148/2014 ,12008/2014) [2014] ZAWCHC 171 (14 November 2014)

Court
Western Cape High Court, Cape Town
Case number
10171/2014, 11149/2014, 11148/2014, 12008/2014
Judge
KM Savage

The Court found that the applicants failed to establish that the Department of Home Affairs had unreasonably delayed issuing unabridged birth certificates for the adopted children. The administrative processes, including necessary checks to prevent child trafficking, were not shown to be inadequate or unduly cumbersome. The Court held that, in the absence of unreasonable delay, declaratory relief under PAJA was not warranted. However, since the Department had agreed to issue the certificates, it was reasonable to order rectification of erroneous details within ten days. Regarding costs, the C…

Source excerpt

  • Promotion Of Administrative Justice Act
  • Inter Country Adoption
  • Birth Registration
  • Unabridged Birth Certificate
  • Hague Convention
  • Delay In Administrative Action
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Family And Children [2007] ZACC 27

AD and Another v DW and Others (CCT48/07)

AD and Another v DW and Others (CCT48/07) [2007] ZACC 27; 2008 (3) SA 183 (CC); 2008 (4) BCLR 359 (CC) (7 December 2007)

Court
Constitutional Court
Case number
CCT48/07
Judges
Sachs, Langa, Moseneke, Madala, Mpati, Ngcobo, Nkabinde, Skweyiya, Van der Westhuizen, Yacoob

The Constitutional Court held that while the High Court’s jurisdiction to grant sole custody and sole guardianship orders to foreigners is not ousted by law, such orders should not be used to bypass the Children’s Court adoption process except in truly exceptional cases. The Children’s Court is the appropriate forum to determine the best interests of the child in adoption matters, as it provides necessary safeguards and procedures. The principle of subsidiarity, which prioritises placement within the child’s country of origin, must be applied flexibly and subordinated to the paramountcy of th…

Source excerpt

  • Inter Country Adoption
  • Subsidiarity Principle
  • Best Interests Of Child
  • Sole Custody And Guardianship
  • Child Care Act
  • Children S Act
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Family And Children [2007] ZASCA 87

DG and Another v W and Others (379/06)

DG and Another v W and Others (379/06) [2007] ZASCA 87; 2007 (5) SA 184 (SCA) (1 June 2007)

Court
Supreme Court of Appeal
Case number
379/06
Judges
Heher, Ponnan, Theron, Hancke, Snyders

The majority of the Supreme Court of Appeal held that the High Court should not sanction the removal of a child from South Africa under a custody and guardianship order for the purpose of inter-country adoption, as this circumvents the statutory safeguards and procedures established for adoption in the children’s court. The principle of subsidiarity, which requires that inter-country adoption be considered only when no suitable local care is available, was not satisfied on the evidence. The procedural route chosen by the appellants denied the child the protections afforded by domestic and int…

Source excerpt

  • Inter Country Adoption
  • Best Interests Of Child
  • Subsidiarity Principle
  • Child Care Act
  • Hague Convention
  • Guardianship Vs Adoption
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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.