South Africa Case Law

Brossy v Brossy (602/2011)

Brossy v Brossy (602/2011) [2012] ZASCA 151 (28 September 2012)

Court

Supreme Court of Appeal

Case number

602/2011

Judges

Mthiyane, Snyders, Van Heerden, Malan, Pillay

The Supreme Court of Appeal held that the high court erred in referring the matter back for a retrial before a new magistrate. Given the incomplete record, the proper course was to postpone the appeal to allow the appellant to complete and reconstruct the record of proceedings in the maintenance court. This approach would preserve the accrued rights of the children and avoid unnecessary duplication of proceedings. The court emphasized the importance of protecting the interests of minor children, including their right to participate and be heard, and recognized the potential need for legal rep…

Source excerpt

• Maintenance Variation
• Child Participation
• Legal Aid For Minors
• Record Reconstruction

D.G.B v M.J.B (A22/2010)

D.G.B v M.J.B (A22/2010) [2011] ZAWCHC 71 (11 March 2011)

Court

Western Cape High Court, Cape Town

Case number

A22/2010

Judges

Allie, Saldanha

The High Court upheld an appeal in a child maintenance dispute, finding the magistrate’s conduct created an appearance of bias and ordering a hearing de novo before a new magistrate.

• Child Maintenance
• Judicial Bias
• Fair Trial
• Legal Aid For Minors
• Child-maintenance
• Judicial-bias