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Constitutional Cases

 

S v the State

court order-curator ad litem.pdf

s v the state ccl as amicus curiae.pdf 

 

Le Roux v Dey

 
Governing Body of the Juma Musjid Primary School & Others v Ahmed Asruff Essay N.O. and Others

Children's Homes and Places of Care      

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

Ex parte Van Niekerk & another: In re Van Niekerk v Van Niekerk [2005] JOL 14218 (T)
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Legal Aid Board v R and Another 2009 (2) SA 262 (D)
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Child witnesses and Child victims in Criminal Trials     

S v Mokoena; S v Phaswane 2008 (2) SACR 216 (T)
View the High Court judgement

Submissions made to the High Court in the Mokoena & Phaswane case:
Draft submissions by the Minister of Safety and Security
Submissions by Counsel for the accused
Submissions by the Centre for Child Law and Childline
Submissions by the Department of Health
Submissions by the Institute for Child Witness Research and Training
Submissions by the State
State Reply to submissions made to the Court
Submissions by SAPSAC (in Afrikaans)
Reply by SAPSAC (in Afrikaans)
Submissions by Ministers of Justice and Constitutional Development; National Education & Social Development
Reply Submissions by Ministers of Justice and Constitutional Development; National Education & Social Development
Submissions by POWA
Submissions by POWA continue

DPP Transvaal v Minister for Justice and Constitutional Development & others [2009] JOL 23371 (CC)
View the Constitutional Court judgement
View the summary of the Constitutional Court judgement

Protecting the identity of children in divorce matters     

Johncom Media Investments Ltd v M & others (Media Monitoring Project as amicus curiae) [2009] JOL 23343 (CC)
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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    

Intercountry Adoption     

De Gree & Another v Webb & Others – De Gree & Another v Webb & Others (Centre for Child Law, University of Pretoria, Amicus Curiae) 2006 (6) SA 51 (W)
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De Gree and Another v Webb and Others (Centre for Child Law as Amicus Curiae) 2007 (5) SA 184 (SCA)
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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)
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International Child Abduction

Central Authority for the Republic of South Africa v De Wet

Reformatory Schools     

TN and Another v The State – Unreported (Case number AR 359/2006; AR 360/2006)
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Schools of Industry     

Centre for Child Law and 11 Others v Minister of Justice and 9 Others – Unreported (Case nr 8523/05 TPD)
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View the 1st court order
View the 2nd court order  

Schools of Industry (Luckhoff)     

Centre for Child Law and Others v MEC for Education and Others 2008 (1) SA 223 (T)
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Children’s criminal capacity and guilty plea explanations     

SM v S - Unreported (Case No 446/08- SCA) judgment delivered May 2009
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Sentencing of Children     

Director of Public Prosecutions Kwazulu-Natal v P – Director of Public Prosecutions, Kwazulu-Natal v P 2006 (1) SA 446 (SCA); 2006 (1) SACR 243 (SCA)
View the summary of the case
View the judgement of the Trial Court
View the judgement of the Supreme Court of Appeal    

Sentencing of Primary Caregiver and the Best Interest of the Child     

M v S (Centre for Child Law: Amicus Curiae) 2007 (12) BCLR 1312 (CC); 2007 (2) SACR 539 (CC) 2008 (3) SA 232 (CC)
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Submission by the Centre for Child Law as Amicus Curiae
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Constitutionality of minimum sentences applied to 16 and 17 year old offenders     

Centre for Child Law v Minister of Justice and Constitutional Development and Others [2008] JOL 22687 (T)
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Unaccompanied Foreign Children     

Centre for Child Law and Another v Minister of Home Affairs and Others 2005 (6) SA 50 (T)
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View the full judgement
Headnote / Kopnota  

Public interest litigation and the issue of costs     

Biowatch Trust v Registrar, Genetic Resources & others [2009] JOL 23693 (CC)
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Latest News

Mud schools to get millions rand revamp
6 February 2011

It has taken all of 17 years, but the pupils and staff at Tembeni Senior Primary School have finally been guaranteed a proper school. On Friday afternoon the Eastern Cape department of education reached an R8-billion out-of-court settlement with seven schools, of which Tembeni is one. The schools had taken the ­department to court to force it to provide adequate resources. Most of the schools were built from mud and lacked the most ­basic resources.


Ann Skelton, director of the Centre for Child Law who took up the schools case, said yesterday although only seven schools had brought a case against the department, they were fighting on behalf of all inadequate schools.  “It means that finally when the process is completed the children will be taught in decent schools. It is what they should have had all along. We were simply getting their basic rights for them. “There have been promises before, but now I have more faith that it will happen,” Skelton said.

Sarah Shepton from the Legal Resources Centre in Grahamstown, acting on behalf of the ­Centre for Child Law, said: “Our clients are relieved and delighted with the outcome of the litigation and intend to keep a close eye on the developments, so that promises are not broken.”
Granville Whittle, director of communications in the department of basic education, said the national department would take over the responsibility of providing infrastructure to schools in dire need, as part of its accelerated school infrastructural development initiative.

Read more
Centre for Child Law