Johnson and Another v Degenaar and Another (39906/2017) [2017] ZAECGHC 103 (13 September 2017)
Court
Eastern Cape High Court, Grahamstown
Case number
39906/2017
Judges
N G Beshe, J M Roberson
The High Court granted interim relief suspending Children’s Court decisions pending review, ordered the child’s return to the second applicant, and condoned procedural non-compliance.
C.M v N.G (8026/2011) [2012] ZAWCHC 37; 2012 (4) SA 452 (WCC); [2012] 3 All SA 104 (WCC) (26 April 2012)
Court
Western Cape High Court, Cape Town
Case number
8026/2011
Judge
Gangen
The court found that the applicant and respondent jointly intended to have a child and both acted as parents during the child's formative years. The Children's Act does not restrict parental responsibilities and rights to biological or married parents. Section 23 must be interpreted to allow the court to grant both care and contact to an interested person where it serves the child's best interests. Section 24(3) does not require deprivation of the existing guardian's rights for co-guardianship; the High Court retains inherent jurisdiction to grant joint guardianship. The evidence established…