South Africa Case Law

A.V and Another v D.C and Others (40522/19)

A.V and Another v D.C and Others (40522/19) [2024] ZAGPJHC 626; [2024] 3 All SA 724 (GJ) (26 June 2024)

Court

South Gauteng High Court, Johannesburg

Case number

40522/19

Judge

Vally

The court found that DC was not merely a sperm donor, as the agreement and conduct of the parties went beyond a typical donor arrangement. However, no co-parenting agreement as envisaged by law was concluded, as the agreement lacked essential elements such as guardianship and comprehensive decision-making. AV and NZ, as permanent life partners, invoked the benefit of the Constitutional Court’s reading-in remedy, and are recognised as Z’s legal parents with full parental rights and responsibilities. DC, while not a parent under the Act, is entitled to contact and care rights under section 23 d…

Source excerpt

• Artificial Fertilisation
• Parental Rights And Responsibilities
• Best Interests Of The Child
• Life Partnerships
• Constitutional Invalidity
• Maintenance Orders

Keaomontri v Davids N.O (2021/24876)

Keaomontri v Davids N.O (2021/24876) [2023] ZAGPJHC 1137 (9 October 2023)

Court

South Gauteng High Court, Johannesburg

Case number

2021/24876

Judge

W G La Grange

The High Court dismissed an exception to a maintenance claim by a surviving life partner, holding the pleadings adequately alleged reciprocal support after Bwanya.

• Maintenance Of Surviving Spouses Act
• Life Partnerships
• Reciprocal Duty Of Support
• Exception Procedure
• Maintenance-of-surviving-spouses-act
• Life-partnerships