Centre for Child Law Latest Cases | Centre for Child Law

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
  
  Reference:
  Kwazulu Natal High Court – Pietermaritzburg, case no AR346/15
  
  Issue: Diversion order of child
- 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

- Centre for Child Law v Governing Body of Hoerskool Fochville
  
  Reference:
  Unreported Supreme Court of Appeal Judgment case no 156/2015
  
  Summary:
  
  Issue: Legal representation of children
- AB and Surrogacy Advisory Group v Minister of Social Development
  
  Reference:
  Unreported High Court Judgment case no 40658/13
  
  Summary:
  
  Issue: Surrogacy and the ‘genetic link requirement’
- Mubake and Others v the Minister of Home Affairs and Others
  
  Reference:
  Unreported High Court Judgment case no 72342/2012
  
  Summary:
  
  Issue: Separated asylum seeker children should be considered dependents of the relatives caring for them
- Acting Speaker of the National Assembly v Teddy Bear Clinic for Abused Children and RAPCAN
  
  Reference:
  Unreported Constitutional Court Judgment case no CCT 54/15
  
  Summary:
  Constitutional Court Media Summary
  
  Issue: Extension of the suspension of the declaration of invalidity of sections 15 and 16 of the Sexual Offences Amendment Act
- Centre for Child Law and 4 Others v Media 24 Limited and 13 Others (Part A)
  
  Reference:
  Court order: Unreported case no 23871/15
  
  Summary:
  
  Issue: Protection of the identity of child known as Zephany Nurse pending conclusion of Part B of the case
- Coughlan N.O v The Road Accident Fund
  
  Reference:
  2015 (4) SA 1 (CC)
  
  Summary:
  Constitutional Court Media Summary
  
  Issue: Deduction of foster child grant and child support grant from damages paid out for loss of support by RAF
- Jezile v The State and Others
  
  Reference:
  Unreported High Court Judgment Case no A127/2014
  
  Summary:
  
  Issue: Customary practice of ‘Ukuthwala’ not a defence in trafficking, rape and assault case