Case Law
The Centre’s mission is to work towards the development of child law and the realisation of children’s rights in South Africa. One of the ways in which the achieves this is through impact litigation to obtain precedent-setting judgments and court orders that advance children’s rights.
Centre for Child Law Cases
South African Cases
African Cases
2024
AV and Another v DC and Others (26 June 2024)
Theme: Parental Responsibilities and Rights
Issue: The legal consequences of using a known sperm donor outside the confines of the National Health Act and how parental responsibilities and rights are either automatically acquired or ought to be awarded.
Reference: High Court of South Africa, Gauteng Division, Johannesburg (Case No.: 40522/19)
Full Judgement: PDF
Centre for Child Law and Others v South African Council for Educators and Others (1289/2022) [2024] ZASCA 45 (9 April 2024)
Theme: Enforcement of the ban on corporal punishment in schools and SACE’s duty to protect the best interest of the child.
Issue: 1. Administrative law – when does the clock begin to run under s 7(1)(b) of the Promotion of Administrative Justice Act 3 of 2000 (PAJA), in the absence of reasons?
2. Whether SACE unlawfully fettered its statutory discretion by applying its mandatory sanctions policy as a rigid set of rules that permitted no discretion.
Reference: (1289/2022) [2024] ZASCA 45 (9 April 2024).
Full Judgement: PDF
P.P.M and Others v Minister of Home Affairs and Others (14238/21) [2024] ZAGPPHC 2 (16 January 2024)
Theme: Blocking of birth registration or ID of any child whose parent’s ID has been unlawfully “blocked” or is under investigation by DHA.
Issue: Legality of DHA’s practice of blocking South African identity numbers prior to the correct investigation and procedural steps being followed.
Reference: North Gauteng High Court, Pretoria (ZAGPPHC 2). Case Number: (14238/21) [2024]
Full Judgement: PDF
2023
VJV and Another v Minister of Social Development and Another [2023] ZACC 21
Theme: Rights of children conceived by artificial fertilisation
Issue: Whether section 40 of the Children’s Act is unconstitutional to the extent that it excludes permanent life partners.
Reference: Constitutional Court of South Africa Case Number: CCT 94/22
Judgment: PDF
Centre for Child Law v T S and Others [2023] ZACC 22
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: Constitutional Court of South Africa Case Number: CCT 157/22
Judgment: PDF
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
2020
Centre for Child Law v Department of Basic Education
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
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
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
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
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)
Centre for Child Law & 37 Learners v Minister of Basic Education (Constitutional Court)
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
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 & OthersCentre for Child Law v Governing Body of Hoerskool Fochville
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
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
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
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
Issue: Customary practice of ‘Ukuthwala’ not a defence in trafficking, rape and assault case