V.S.M and Another v Minister of Police of the Government of the Republic of South Africa (68/2012)
V.S.M and Another v Minister of Police of the Government of the Republic of South Africa (68/2012) [2013] ZAGPPHC 201; 2013 (5) SA 622 (GNP) (3 July 2013)
The court finds that the right to family care or parental care under section 28(1)(b) of the Constitution is a constitutional right deserving of protection and enforcement. The Children’s Act provides a broader definition of care, encompassing more than financial support. South African law recognises constitutional damages as appropriate relief for infringement of constitutional rights. The Plaintiffs are entitled to claim constitutional damages on behalf of the minor children for the unlawful deprivation of their father’s parental care due to the proven unlawful conduct of the Defendant’s em…
Source excerpt
- Section 28 Childrens Rights
- Constitutional Damages
- Loss Of Parental Care
- Appropriate Relief
- Maintenance And Support
- Children Act 38 Of 2005