Centre for Child Law v T S and Others (CCT 157/22)
Centre for Child Law v T S and Others (CCT 157/22) [2023] ZACC 22; 2023 (9) BCLR 1027 (CC); 2023 (6) SA 1 (CC) (29 June 2023)
Section 4 of the Mediation in Certain Divorce Matters Act 24 of 1987 unfairly discriminates against unmarried parents and their children by denying them equal access to the services of the Office of the Family Advocate. The differentiation is based on marital status, a listed ground under section 9(3) of the Constitution, and is not rationally connected to any legitimate government purpose. The Act is outdated and does not reflect constitutional norms of equality, dignity, and the paramountcy of children's best interests. The discrimination is indirect but nonetheless constitutionally impermi…
Source excerpt
- Unfair Discrimination
- Parental Rights
- Best Interests Of Child
- Mediation In Divorce
- Marital Status Equality