2022

    • ST v BN & Others (Centre for Child Law as amicus curiae)

      Theme: Access to justice for children

      Issue: Whether children of unmarried parents ought to be entitled to enlist the services of the family advocate in matters affecting them without prior court intervention.

      Reference: High Court, Johannesburg Case Number: 2020/26471

      Judgment: PDF

    • VJ & TR v Min of Social Development & Min of Justice (Centre for Child Law as amicus) Feb 2022

      Theme: Surrogacy; Rights of children conceived by artificial fertilisation

      Issue: The High Court declared section 40 of the Children’s Act unconstitutional in so far as it does not provide for automatic acquisition of parental responsibilities and rights by unmarried couples who conceive by way of artificial fertilization.

      The impugned provision violates the rights, of children born by way of artificial fertilisation, to family and/or parental care as only one, instead of both, parents is recognized.

      Reference: High Court, Johannesburg Case Number: 27706/2021

      Judgment: PDF

2021

    • KHD v HOD, Department of Social Development & Others

      Theme: Proper interpretation of section 239(1)(d) of the Children’s Act to recommend an adoption

      Reference: High Court, Pretoria Case No. 30205/2019

      Downloads:
      High Court judgment: PDF

    • Centre for Child Law v Director General: Department of Home Affairs and Others

      Theme: Birth registration of children’s births by unmarried fathers

      Reference: [2021] ZACC 31

      Downloads:
      Constitutional Court judgment: PDF

    • Mpolokeng M Kedibane obo MK and MT v Road Accident Fund (Centre for Child Law as amicus curiae)

      Theme: Payments by the Road Accident Fund in claims involving children

      Reference: High Court, Johannesburg Case No. 1677/2019

      Downloads:
      High Court judgment: PDF

    • MK v National Student Financial Aid Scheme and Another

      Theme: Access to student financial aid for young persons who are permanent residents

      Reference: High Court, Pretoria Case No. TBC

      Downloads:
      Centre for Child Law Founding Affidavit: PDF

      Infographic: PDF

2020

    • Centre for Child Law v Department of Basic Education

      Theme: Protecting learners with disabilities returning to school during Covid-19 pandemic

      Reference: High Court, Free State Case No. 2477/2020, 4 August 2020

      Downloads:
      Centre for Child Law Founding Affidavit: PDF
      High Court Order: PDF

    • Hassim N.O. v MEC, Department of Social Development, Free State

      Theme: The care, protection and provision of education for a child with behavioural difficulties

      Reference: High Court, Free State Case No. 2477/2020, 4 August 2020

      Downloads:
      High Court Judgment: PDF

    • S v L M and Others

      Theme: The decriminalisation of the use and possession of cannabis by children and not the legalisation

      Reference: [2020] ZAGPJHC 170; [2020] 4 All SA 249 (GJ); 2020 (2) SACR 509 (GJ); 2021 (1) SA 285 (GJ) (31 July 2020)

      Downloads:
      Centre for Child Law Submissions: PDF
      High Court Judgment: PDF

    • Equal Education & Others v Minister of Basic Education & Others

      Theme: Reinstatement of the National School Nutrition Programmed during school closure as a result of Covid19 lockdown

      Reference: High Court, Pretoria Case No. 22588/2020, 2 July 2020

      Downloads:
      Children’s Institute’s Heads of Argument as Amicus Curiae (represented by the Centre for Child Law): PDF

    • AB and Another v Pridwin Preparatory School and Others

      Theme: Protection of the Right to Basic Education for children in independent (private) schools

      Reference: Constitutional Court, [2020] ZACC 12, 16 May 2019

      Downloads:
      Centre for Child Law submissions as Amicus Curiae: PDF
      Constitutional Court Judgment: PDF

    • Centre for Child Law v Director- General:Department of Home Affairs and Others

      Theme: Undocumented children’s right to birth registration

      Reference: Eastern Cape High Court, Grahamstown, Case No. CA 319/2018, 19 May 2019

      Downloads:
      High Court Judgment: PDF

    • National Adoption Coalition of South Africa v Head of Department of Social Development, for the Province of KZN and Others

      Theme: Addressing bottlenecks in the KZN adoption system

      Reference: Kwa-Zulu Natal, High Court, Durban [2020] ZAKZDHC 6, 1 November 2019

      Downloads:
      High Court Court Judgment: PDF

2019

    • Centre for Child Law and Others v Minister of Basic Education and Others

      Theme: Undocumented children’s right to access basic education

      Reference: High Court, Grahamstown Case No. 2840/2017, 12 December 2019

      Downloads:
      Centre for Child Law Heads of Argument (on behalf of 37 learners): PDF
      High Court judgment: PDF

    • Centre for Child Law and Others v Media 24 Limited and Others

      Theme: Protecting the identities of child victims, witnesses & offenders before and after they turn 18 years old

      Reference: Constitutional Court, [2019] ZACC 46, 4 December 2019

      Downloads:
      Centre for Child Law Heads of Argument: PDF
      Centre for Child Law 2nd Heads of Argument: PDF
      Constitutional Court judgment: PDF

    • Minister of Social Development v Centre for Child Law

      Theme: Comprehensive legal solution for an overburdened foster care system

      Reference: High Court, Pretoria Case No. 72513/2017, 26 November 2019

      Downloads:
      Centre for Child Law Opposing Affidavit: PDF
      High Court order (by agreement): PDF

    • Moodley v Kenmont School and Others (Centre for Child Law as Amicus Curiae)

      Theme: Constitutionality of section 58A(4) of the Schools Act that states that “the assets of a public school may not be attached as a result of any legal action taken against the school”

      Reference: Constitutional Court, [2019] ZACC 37, 9 October 2019

      Downloads:
      Centre for Child Law heads of argument: PDF
      Constitutional Court judgment: PDF

    • Freedom of Religion South Africa v Minister of Justice and Constitutional Development and Others

      Theme: Constitutionality of the defence of reasonable chastisement (corporal punishment in the home)

      Reference: Constitutional Court, [2019] ZACC 34; 2019 (11) BCLR 1321 (CC); 2020 (1) SA 1 (CC), 18 September 2019

      Downloads:
      Centre for Child Law heads of argument: PDF
      Constitutional Court judgment: PDF

    • S v S and Another (Centre for Child Law as Amicus Curiae)

      Theme: Appealing rule 43 orders (maintenance orders)

      Reference: Constitutional Court, [2019] ZACC 22; 2019 (8) BCLR 989 (CC); 2019 (6) SA 1 (CC), 27 June 2019

      Downloads:
      Centre for Child Law Heads of Argument: PDF
      Constitutional Court judgment: PDF

    • Centre for Child Law & 37 Learners v Minister of Basic Education (Constitutional Court)

      Theme: Urgent placement of undocumented learners

      Reference: Constitutional Court, case CCT 19/19, 15 February 2019

      Downloads:
      Centre for Child Law Affidavit to the Constitutional Court: PDF
      Constitutional Court order (by agreement): PDF

2018

    • Centre for Child Law & 37 Learners v Minister of Basic Education

      Reference: High Court of South Africa, Eastern Cape Division, case 3317/18

      Downloads:
      High Court judgment – PDF

    • Centre for Child Law & Others v Media24 & Others

      Reference: Supreme Court of Appeal, case 871/2017

      Downloads:
      Centre for Child Law Heads of Argument – PDF
      Media Houses’ Heads of Argument – PDF
      Case Chronology – PDF
      Supreme Court of Appeal Judgment – PDF

      Issue:
      Protecting the identities of child victims, witnesses and offenders

    • Naki & Others v Director-General: Department of Home Affairs and Another

      Reference: High Court, Eastern Cape, case 4994/2016 (2018)

      Downloads: Judgment – PDF

      Issue: Ensuring access to birth registration for all children

    • NS v Presiding Officer of the Children's Court, Johannesburg

      Reference: [2018] ZAGPJHC 59

      Downloads: Judgment – PDF

      Issue: Children’s Court jurisdiction to hear adoption matters

2017

    • Dladla and Another v The City of Johannesburg

      Reference: 2018 (2) BCLR 119 (CC); 2018 (2) SA 327 (CC)

      Downloads: Judgment –
      PDF

      Issue: Temporary housing accommodation

    • YG v The State

      Reference: 2018 (1) SACR 64 (GJ)

      Downloads: Judgment –
      PDF

      Issue: Corporal punishment in the home and the use of the defence of reasonable chastisement

    • Botha N.O. v MEC of Education, Western Cape

      Reference: Western Cape Division, Cape Town, case 24611/11

      Downloads: CCL Heads –

      PDF

      Issue: Protecting learners from community school’s eviction from private land

    • Centre for Child Law and 4 Others v Media 24 Limited and 13 Others (Part B)

      Reference: North Gauteng High Court – Pretoria, case 23871/15

      Downloads:

      Issue: protection of a child’s identity in section 154(3) of CPA

2016

    • CCL v MEC Social Development, Gauteng & Others

      Reference: North Gauteng High Court, case 73662/16 (4 October 2016)
      PDF

      Issue: Policy for children with behavioural disorders

    • ADT and Another v MEC for Health and Social Development

      Reference: Western Cape High Court, case 27428/10 (2016)

      Issue: payment system for cerebral palsy cases

    • AB and Surrogacy Advisory Group v. the Minister of Social Development (Centre for Child Law as Amicus Curiae)

      Reference: Constitutional Court, case CCT 155/15
      Judgment;
      CCL submissions

      Issue: Surrogacy

    • The State v SD

    • MR v Minister of Safety & Security

      Reference:
      Constitutional Court Judgment case no CCT 151/15

      Issue: Best interests of child when arresting child

    • Breytenbach N.O. v Minister of Home Affairs and Others

      Reference:
      Unreported High Court Judgment case no 50365/14

      Issue: Citizenship of children born to a South African parent

    • Jijana & Others v The State

      Unreported judgement: JIJANA JUDGMENT ROBERSON 2016

      Issue: Review of children’s sentences following a finding that their original sentences could not be carried out due to the Child & Youth Care Centre (CYCC) not being fully functional.

2015

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