M.E.K and Another v Provincial Head of the Department of Social Development and Others (19219/22)
M.E.K and Another v Provincial Head of the Department of Social Development and Others (19219/22) [2022] ZAGPPHC 266 (3 May 2022)
The court found that the provincial head of social development failed to exercise the discretion required by section 169 of the Children's Act, instead merely rubberstamping the biological parents' refusal without considering the best interests of the child. The refusal was not based on a holistic assessment of the child's welfare, but solely on the parents' objections. The court held that the best interests of the child are paramount and that the applicants, as foster parents, had demonstrated responsible care. The urgency of the matter and the time constraints rendered strict compliance wit…
Source excerpt
- Children's Act
- Foster Care
- Removal Of Child From Republic
- Promotion Of Administrative Justice Act
- Best Interests Of Child
- Internal Remedies Exhaustion