2021
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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
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2020
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Centre for Child Law v Department of Basic Education
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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
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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
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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
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2019
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Centre for Child Law and Others v Minister of Basic Education and Others
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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
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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)
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Centre for Child Law & 37 Learners v Minister of Basic Education (Constitutional Court)
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2018
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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
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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
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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
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2017
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Dladla and Another v The City of Johannesburg
Reference: 2018 (2) BCLR 119 (CC); 2018 (2) SA 327 (CC)
Downloads: Judgment –
PDFIssue: Temporary housing accommodation
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YG v The State
Reference: 2018 (1) SACR 64 (GJ)
Downloads: Judgment –
PDFIssue: Corporal punishment in the home and the use of the defence of reasonable chastisement
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Botha N.O. v MEC of Education, Western Cape
Reference: Western Cape Division, Cape Town, case 24611/11
Downloads: CCL Heads –
Issue: Protecting learners from community school’s eviction from private land
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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
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2016
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CCL v MEC Social Development, Gauteng & Others
Reference: North Gauteng High Court, case 73662/16 (4 October 2016)
PDFIssue: Policy for children with behavioural disorders
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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
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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 submissionsIssue: Surrogacy
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The State v SD
Reference:
Kwazulu Natal High Court – Pietermaritzburg, case no AR346/15
Issue: Diversion order of child
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MR v Minister of Safety & Security
Reference:
Constitutional Court Judgment case no CCT 151/15Issue: Best interests of child when arresting child
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Breytenbach N.O. v Minister of Home Affairs and Others
Reference:
Unreported High Court Judgment case no 50365/14Issue: Citizenship of children born to a South African parent
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2015
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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
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AB and Surrogacy Advisory Group v Minister of Social Development
Reference:
Unreported High Court Judgment case no 40658/13Summary:
Issue: Surrogacy and the ‘genetic link requirement’
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Mubake and Others v the Minister of Home Affairs and Others
Reference:
Unreported High Court Judgment case no 72342/2012Summary:
Issue: Separated asylum seeker children should be considered dependents of the relatives caring for them
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Acting Speaker of the National Assembly v Teddy Bear Clinic for Abused Children and RAPCAN
Reference:
Unreported Constitutional Court Judgment case no CCT 54/15Summary:
Constitutional Court Media SummaryIssue: Extension of the suspension of the declaration of invalidity of sections 15 and 16 of the Sexual Offences Amendment Act
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Centre for Child Law and 4 Others v Media 24 Limited and 13 Others (Part A)
Reference:
Court order: Unreported case no 23871/15Summary:
Issue: Protection of the identity of child known as Zephany Nurse pending conclusion of Part B of the case
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Coughlan N.O v The Road Accident Fund
Reference:
2015 (4) SA 1 (CC)Summary:
Constitutional Court Media SummaryIssue: Deduction of foster child grant and child support grant from damages paid out for loss of support by RAF
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Jezile v The State and Others
Reference:
Unreported High Court Judgment Case no A127/2014Summary:
Issue: Customary practice of ‘Ukuthwala’ not a defence in trafficking, rape and assault case
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