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South Africa Case Law

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Family And Children [2021] ZAGPPHC 388

K.H.D and Another v Head of Department of Social Development, Gauteng and Others (30205/2019, 55642/2019)

K.H.D and Another v Head of Department of Social Development, Gauteng and Others (30205/2019, 55642/2019) [2021] ZAGPPHC 388 (17 June 2021)

The High Court held that a section 239(1)(d) letter under the Children’s Act may be a non-recommendation or even be absent, and the Children’s Court still has jurisdiction.

  • Adoption Procedure
  • Children S Act Interpretation
  • Best Interests Of Child
  • Jurisdiction Of Children S Court
  • Statutory Interpretation
  • Adoption-procedure
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Family And Children [2018] ZAFSHC 42

JM and Another v Free State Care In Action and Others (5829/2017)

JM and Another v Free State Care In Action and Others (5829/2017) [2018] ZAFSHC 42 (5 April 2018)

The High Court dismissed an urgent application to set aside a Children’s Court order, holding that review or appeal was the proper route and email service was inadequate.

  • Children S Act
  • Jurisdiction Of Children S Court
  • Review Vs Appeal
  • Service Of Process
  • Role Of Family Advocate
  • Children-s-court
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Family And Children [2018] ZAGPPHC 529

Joubert and Another v J and Another (A90/18, 142/18)

Joubert and Another v J and Another (A90/18, 142/18) [2018] ZAGPPHC 529 (8 March 2018)

The High Court set aside a Children's Court adoption order after noting indications of irregularity or fraud and ordered fresh proceedings under the Children's Act.

  • Adoption Procedure
  • Children S Act Compliance
  • Jurisdiction Of Children S Court
  • Irregular Court Order
  • Adoption-procedure
  • Children-s-act-compliance
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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.