Esheria South Africa Case Law
Sign in
South Africa Source-linked decisions Coverage checked

South Africa Case Law

Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.

Courts on this page
2 court collections
Last checked

Search and filter South Africa case law

Results update automatically as you type.

South Africa decisions

Decisions matching the current search

Clear filters
Family And Children [2025] ZAGPPHC 118

TCE v EE (113234/2023)

TCE v EE (113234/2023) [2025] ZAGPPHC 118 (6 February 2025)

Court
North Gauteng High Court, Pretoria
Case number
113234/2023
Judge
B Neukircher

The court held that, given the ages and maturity of K and T, their strong desire for independent representation, and the history of feeling excluded and unheard by the curator ad litem, it was appropriate and necessary to confirm the appointment of Adv Strauss as their legal representative. The court distinguished the roles of the curator ad litem (best interests) and the child-directed legal representative (expressed wishes), finding that both roles can coexist depending on the facts. The court found no mala fides in Adv Strauss’s conduct, acknowledged her procedural errors but determined th…

Source excerpt

  • Legal Representation Of Children
  • Curator Ad Litem
  • Divorce Proceedings
  • Best Interests Of Child
  • Section 28 Constitution
  • Section 6 Divorce Act
Read case analysis
Civil Procedure [2015] ZASCA 155

Centre for Child Law v The Governing Body of Hoerskool Fochville (156/2015)

Centre for Child Law v The Governing Body of Hoerskool Fochville (156/2015) [2015] ZASCA 155; [2015] 4 All SA 571 (SCA); 2016 (2) SA 121 (SCA) (8 October 2015)

Court
Supreme Court of Appeal
Case number
156/2015
Judges
Ponnan, Theron, Majiedt, Mbha, Gorven

The Supreme Court of Appeal held that the application to compel production of the children’s questionnaires under rule 35(12) was procedurally defective because the school failed to follow the process set out in rule 30A. Even if the questionnaires were not privileged, the best interests of the children required paramount consideration. The children’s confidentiality was promised and their participation in the litigation was protected by constitutional and statutory rights. The school did not demonstrate any prejudice or necessity for the questionnaires to answer the intervention application.…

Source excerpt

  • Discovery And Production Of Documents
  • Child Participation In Litigation
  • Best Interests Of The Child
  • Legal Representation Of Children
Read case analysis

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.