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 The Centre for Child Law cases


2017
 
 Case  Reference  Downloads  Issue

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

Western Cape Division, Cape Town, case 24611/11 CCL Heads - PDF

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)

North Gauteng High Court - Pretoria, case 23871/15

  protection of a child's identity in section 154(3) of CPA
 
 
 
2016
 Case  Reference  Summary  Issue

CCL v MEC Social Development, Gauteng & Others

North Gauteng High Court, case 73662/16 (4 October 2016) PDF   Policy for children with behavioural disorders

ADT and Another v MEC for Health and Social Development

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

  payment system for cerebral palsy cases

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

Constitutional Court, case CCT 155/15

Judgment
CCL submissions

  Surrogacy

 The State v SD

Kwazulu Natal High Court – Pietermaritzburg, case no AR346/15
  Diversion order of child
 MR v Minister of Safety & Security Constitutional Court Judgment case no CCT 151/15    Best interests of child when arresting child
 Breytenbach N.O. v Minister of Home Affairs and Others   Unreported High Court Judgment case no 50365/14    Citizenship of children born to a South African parent
 


2015
 
 Case  Reference  Summary  Issue

Centre for Child Law v Governing Body of Hoerskool Fochville

Unreported Supreme Court of Appeal Judgment case no 156/2015
 

Legal representation of children

AB and Surrogacy Advisory Group v Minister of Social Development

Unreported High Court Judgment case no 40658/13  

Surrogacy and the 'genetic link requirement'

Mubake and Others v the Minister of Home Affairs and Others

Unreported High Court Judgment case no 72342/2012  

Separated asylum seeker children should be considered dependents of the relatives caring for them

The South African Human Rights Commission and Others v the Minister of Home Affairs

Unreported High Court Judgment case no 17283/2014

  Constitutionality of provisions in Births and Deaths Registration Act on birth registration

Acting Speaker of the National Assembly v Teddy Bear Clinic for Abused Children and RAPCAN

Unreported Constitutional Court Judgment case no CCT 54/15

Constitutional Court Media Summary 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)

 Court order: Unreported case no 23871/15

  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

 2015 (4) SA 1 (CC)

Constitutional Court Media Summary 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

Unreported High Court Judgment Case no A127/2014

  Customary practice of 'Ukuthwala' not a defence in trafficking, rape and assault case

2014

 Case  Reference  Summary  Issue
Minister of Social Development in re Centre for Child v Minister of Social Development and others

Court order: unreported case no 21726/2011

  Foster care
Nndateni v S

(959/13) [2014] ZASCA 122

  Minimum sentences

Maqhelana and 5 others v The Government of the Republic of South Africa and 4 others

Court order: unreported case no 007/2014

  Eradication of mud schools and other inappropriate school structures
 J v National Director of Public Prosecutions and Another

2014 (2) SACR 1 (CC)

Journal Article with summary (South African Crime Qurterly No. 50 Dec 2014 Placing child offenders on National Register for Sex Offenders
JUDGMENT ON REMEDY - AllPay Consolidated Holdings (Pty) Ltd and Others v Chief Executive Officer of the South African Social Security Agency and Others (No 2)

  2014 (4) SA 179 (CC)

  Case Summary Children's rights in a tender dispute
Madzodzo  and Others v Minister of Basic Education and Others

2014 (3) SA 441 (ECM) 

  Case Summary Provision of furniture to schools in the Eastern Cape

2013

 Case  Reference  Summary  Issue
JUDGMENT ON MERITS - All Pay Consolidated Holdings (Pty) Ltd and Others v Chief Executive Officer of the South African Social Secuity Agency and Others

2014 (1) SA 604 (CC)
Unreported High Court case no 7447/2012

  Children's rights in a tender dispute
Centre for Child Law v Minister of Social Development

 2014 (1) SA 577 (GSJ)

  Adoption of children by step-parents
The Teddy Bear Clinic for Abused Children and RAPCAN v The Minister of Justice and Constitutional Development

 2014 (1) SA 168 (CC) 
Unreported High Court case 73300/10

  Applicants Position statements (clarification on what the case is about and not about) Criminalisation of consensual sexual activity between adolescents
Members of the Executive Council of Education in Gauteng Province and Others v Governing Body of Rivonia Primary School

2013 (6) SA 582 (CC); 2013 (12) BCLR 1365 (CC)

  Case Summary Who has the power to determine the capacity of a Public School
J v The State (Centre for Child Law as amicus curiae)

 2013 (2) SACR 599 (WCC)

  Case Summary Placing names of child offenders in the National Sex Offenders Register
S v SJM

North Gauteng High Court case no SH74/2012

Centre for Child Law submissions

   Sentencing of child offenders, that turn 18 during sentencing, to child and youth care centres
Head of Department of Education, Free State Province v Welkom High School and Others 2013 (9) BCLR 989 (CC); 2014 (2) SA 228 (CC)   Case Summary Setting of school pregnant learner policies
Mpofu v Minister for Justice and Constitutional Development and Others (Centre for Child Law as amicus curiae)  2013 (9) BCLR 1072 (CC); 2013 (2) SACR 407 (CC)    Case summary Sentencing of child offenders

BM and 7 Others v The Minister of Home Affairs and 5 Others

Court order: unreported case no 72342/2012   The right of separated children to access basic education
KwaZulu-Natal Joint Liaison Committee v Member of the Executive Council Department of Education, KwaZulu-Natal and Others 2013 (6) BCLR 615 (CC); 2013 (4) SA 262 (CC)   Media Summary Provision of subisidies to independent schools
Allpay Consolidated Investments Holdings (Pty) Limited and others v South African Social Security Agency and others   [2013] 2 All SA 501 (SCA); 2013 (4) SA 557 (SCA) Case summary Provision of Social Assistance Grants 
South African Democratic Teachers' Union (SADTU) and Others v The MEC of Basic Education Eastern Cape Province and Others (Centre for Child Law as intervening Party) [2013] 2 All SA 474 (ECB)   Case summary Educator Post Establishment
 

2012

 Case  Reference  Summary  Issue
Children's Institute v Presiding Officer of the Children's Court District of Krugersdorp and Others    2013 (2) SA 620 (CC) 

Case Summary

 Submission of evidence by amicus curiae in the High Court
Brossy v Brossy (Centre for Child Law as Amicus Curiae)   602/11 [2012] ZASCA 151 (28 September 2012)

Case Summary
Centre's Submissions

Legal representation of children in maintenance matters
SS v The Presiding Officer, Children's Court Krugersdorp and Others  2012 SA (6) 45 (GSJ) Case Summary  Foster care placements
 S v FM (Centre for Child Law as Amicus Curiae) 2013 (1) SACR 57 (GNP) Case Summary Automatic review of sentences involving children
The Centre for Child Law and Others v The Minister of Basic Education   [2012] 4 ALL SA 35 (ECG)   Establishment of teaching and non-teaching posts
Director of Public Prosecutions, Western Cape v Prins and Others 2012 (2) SACR 183 (SCA)  Case Summary Penalties for Sexual Offences
Van Der Burg and Another v National Director of Public Prosecutions (Centre for Child Law as Amicus Curiae) 2012 (2) SACR 331 (CC) Case Summary  Best interests of children to be taken into consideration in asset forfeiture cases
CM v NG (Centre for Child Law as Amicus Curiae) 2012 (4) SA 452 (WCC); [2012] 3 All SA 104 (WCC) Case Summary Parental responsibilities and rights of same sex couples
C and Others v Department of Health and Social Development 2012 (2) SA 208 (CC) C and others case summary (edited version to be published in the Child and Youth Care Magazine) Children's Court must automatically review of removal of children from parents or caregivers
S v CKM and Others 2013 (2) SACR 303 (GNP) Case Summary (edited version to be published in Article 40) Factors to consider when imposing "residential" sentence for children and duties of probation officers in the Child Justice Act
 

 2011

 Case  Reference  Summary  Issue
MS v S (Centre for Child Law as Amicus Curiae)
Also reported as S v S (Centre for Child Law as Amicus Curiae) 2011(7) BCLR 740 (CC)
  Consideration of children's best interests when sentencing primary caregivers of children who are not sole caregiver.
Media 24 Limited and Others v the National Prosecuting Authority and Others in re S v Mahlungu and Another 2011 (2) SACR 321   Freedom of expression vs minor's right to privacy and to a fair trial
Le Roux and Others v Dey (Freedom of Expression Institute  and Restorative Justice Centre as Amici Curiae)
2011 (6) BCLR 577 (CC)
Media Summary Children and freedom of expression
Governing body of Juma Musjid Primary School and Others v Ahmed Asruff Essay NO and Others (Centre for Child Law and Another as Amici Curiae) 2011 (8) BCLR 761 (CC) Media Summary Private inteference with children's right to basic education
S v J and Another
2011(2) ALL SA 299 (SCA)
Media Summary Parental responsibilities and rights of unmarried fathers
Welkom High School and Another v Head, Department of Education, Freestate Province and Another  2011 (4) SA 531 (FB)    Pregnant Learners
 

2010

The Centre for Child Law undertook various cases during 2010. These judgments were only handed down in 2011. See table above.

2009

 Case  Reference  Summary  Issue
DPP Transvaal v Minister of Justice and Constitutional Development and Others
[2009] JOL 23371 (CC)
2009 (2) SACR 130 (CC)
  Media Summary Treatment of child victims and witnesses during trial proceedings
Johncom Media Investments Ltd v M & others (Media Monitoring Project as amicus curiae)
[2009] JOL 23343 (CC)
 
  Publication of children's identities in divorce proceedings prohibited
Biowatch Trust v Registrar, Genetic Resources & others
2009 (6) SA 232 (CC)
2009 (10) BCLR 1014 (CC) (03 June 2009)
[2009] JOL 23693 (CC)
  Costs in public interests litigation cases
S v Mshengu
 

2009 (2) SACR 316 (SCA)
[2009] 4 All SA 242 (SCA) (29 May 2009)

  Criminal capacity of children
Centre for Child Law v Minister of Justice and Constitutional Development and others (National Institute for Crime Protection and Reintegration of Offenders as amicus curiae)
2009 (6) SA 632 (CC)
2009 (2) SACR 477 (CC)
2009 (11) BCLR 1105 (CC)
 
Minimum sentences for 16 and 17 year old child offenders
(Constitutional Court)
Legal Aid Board v R and Another 2009 (2) SA 262 (D)   Legal representation of children

2008

 Case  Reference  Summary  Issue
AD and Another v DW and Others (Centre for Child Law as Amicus Curiae; Department for Social Development as Intervening Party) 2008 (3) SA 183 (CC)
2008 (4) BCLR 359 (CC)
  Inter-country adoption
S v Mokoena; S v Phaswane 2008 (2) SACR 216 (T)   Rights of child witnesses and victims in criminal trials
Centre for Child Law and Others v MEC for Education and Others   School of industry
S v M (Centre for Child Law as Amicus Curiae) 2008 (3) SA 232 (CC)
2007 (12) BCLR 1312 (CC)
2007 (2) SACR 539 (CC)
  Submissions by the Centre Sentencing of primary caregivers of children
Centre for Child Law v Minister of Justice and Constitutional Development and others [2008] JOL 22687 (T)  
Minimum Sentences for 16 and 17 year old child offenders
(High Court)

2007

Case Reference Summary Issue
De Gree and Another v Webb and Others (Centre for Child Law as Amicus Curiae) 2007 (5) SA 184 (SCA)   Inter-country adoption (Supreme Court of Appeal)

2006

 Case  Reference  Summary  Issue
De Gree and Another v Webb and Others (Centre for Child Law, University of Pretoria as Amicus Curiae) 2006 (6) SA 51 (w)   Inter-country adoption (High Court)
Central Authority for the Republic of South Africa v De Wet 2008 (2) SACR 216 (T)   Inter-country abduction
TN and Another v The State   Detention of child offenders
Director of Public Prosecutions Kwazulu-Natal v P 2006 (1) ALL SA 446 (SCA)
2006 (1) SACR 243 (SCA)
  Media Summary Sentencing of child  accused of murder

2005

Case Reference Summary Issue
Centre for Child Law and Others v Minister of Justice and Others 2005 (6) SA 50 (TPD)   Unaccompanied foreign children
Ex parte Van Niekerk and Another: In re Van Niekerk v Van Niekerk [2005] JOL 14218 (T)   Representation of children in family law matters
Centre for Child Law and Another v Minister of Home Affairs and Others   Media Summary Detention and deportation of unaccompanied foreign children
Centre for Child Law and 11 Others v Minister of Justice and 9 Others Unreported (Case No 8523/05 TPD)
View second court order
  Summary Schools of Industry

Children's Homes and Places of Care      

 Services provided by Children's homes and Places of Care are declared an Essential Service

View the article

 

Emergency Removal of Children     

 Centre for Child Law (on behalf of the minor child) v Ondersteuningsraad N.O. and Commissioner for Child Welfare Kempton Park N.O.

View the summary of the case

 

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Latest News

16 October 2017

Winners of 2017 Child Law Moot Court Competition

Winner of Best Team 2017

University of Pretoria represented by Nicholas Herd and Motlotleng Sebola

 Best team 2017

 

Winner of Best Heads of Argument 2017

 University of Johannesburg represented by Ntokozo Sobikwa and Takudzwa Dente

 Best heads 2017

 

Winner of Best Oralist 2017

 Takudzwa Dente, University of Johannesburg

 Best oralist 2017

The Centre for Child Law hosted its 8th Annual Child Law Moot Court Competition on 13 and 14 October 2017. 8 Universities participated in the competition: University of the Witwatersrand; University of the Free State; University of Cape Town; University of South Africa; University of Pretoria; North West University; Rhodes University and University of Johannesburg. We had the assistance of academics, attorneys and advocates who were judges in the preliminary and semi-final rounds of the competition.

The teams were impressive and set a very high standard.

The final round of the competition was held at the High Court of South Africa, Pretoria in Court Room C of the Palace of Justice. Court Room C was used because of its historical significance. This was the Court Room in which the Rivonia trial was held.

The University of Cape Town and University of Pretoria made it to the final round as the two finalists. The two teams argued in front of Judge Tolmay of the High Court, Pretoria; Judge Kollapen of the High Court, Pretoria (currently acting at the Constitutional Court); and Ms Corlett Letlojane the Executive Director of the Human Rights Institute of South Africa. University of Pretoria emerged as the Best Team of 2017. The runners up were University of Cape Town, represented by Nigel Patel and Andrew Attieh.

 

Centre for Child Law