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South Africa decisions
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D.D v I.L and Another (16939/2024) [2024] ZAWCHC 215 (20 August 2024)
Urgent application to secure school placement for a minor was struck off for lack of urgency after the court found mediation had not been meaningfully pursued.
Marima v Lesele (1065/2019) [2022] ZAGPJHC 380 (6 June 2022)
The court held that mediation under section 21(3) of the Children's Act is ordinarily mandatory where there is a dispute regarding the fulfilment of section 21(1)(a) or (b). The requirements in section 21(1)(b) are cumulative, as indicated by the use of 'and' in the statutory text. The rigid approach of motion proceedings is inappropriate in matters concerning children; instead, the court must seek all relevant information and facilitate conciliation and mediation to serve the child's best interests. The matter was referred to the Family Advocate for mediation, with structured reporting and t…
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S v Daniel Makibi (3451/2021) [2022] ZAFSHC 77 (18 March 2022)
The High Court granted the mother permission to relocate to Ireland with the minor child, finding mediation futile and rejecting further psychological assessment.
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