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South Africa Case Law

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Family And Children [2022] ZAGPJHC 931

TT and Another v Minister of Social Development and Others (20/43969)

TT and Another v Minister of Social Development and Others (20/43969) [2022] ZAGPJHC 931; [2023] 1 All SA 803 (GJ); 2023 (2) SA 565 (GJ) (19 November 2022)

Court
South Gauteng High Court, Johannesburg
Case number
20/43969
Judge
E F Dippenaar

The court found that the Department and its social workers unlawfully interfered with the adoptions of B and L by misinterpreting and misapplying the Children’s Act and the Guidelines, causing unjustified delays and breaching the constitutional rights of the applicants and the minor children. The Department’s Practice Guidelines on National Adoption were declared invalid as they were inconsistent with the Constitution and the Children’s Act, imposed requirements not contemplated by law, and were promulgated ultra vires. The Department’s refusal to issue a recommendation letter for B’s adoptio…

Source excerpt

  • Adoption Procedure
  • Children S Act Interpretation
  • Best Interests Of Child
  • Administrative Review Under Paja
  • Privacy And Confidentiality
  • Doctrine Of Legality
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Administrative Law [2006] ZASCA 34

Unitas Hospital v Van Wyk and Another (231/05)

Unitas Hospital v Van Wyk and Another (231/05) [2006] ZASCA 34; 2006 (4) SA 436 (SCA) ; [2006] 4 All SA 231 (SCA) (27 March 2006)

Court
Supreme Court of Appeal
Case number
231/05
Judges
Harms, Cameron, Brand, Conradie, Cloete

The majority of the Supreme Court of Appeal held that Mrs van Wyk failed to establish that she 'required' the Naudé report for the exercise or protection of her right to claim damages against Unitas Hospital as contemplated by s 50 of PAIA. The court found that she already had access to all relevant information regarding her husband's treatment, including hospital records and expert advice, and that the Naudé report was general in nature and did not address the deceased's case specifically. The court rejected the notion that PAIA permits pre-action discovery as a general rule, emphasizing tha…

Source excerpt

  • Promotion Of Access To Information Act
  • Pre Action Discovery
  • Threshold For Access
  • Privacy And Confidentiality
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.