South Africa
Children's Act, 2005
Act 38 of 2005
- Published in Government Gazette 28944 on 19 June 2006
- Assented to on 8 June 2006
- There are multiple commencements
- [This is the version of this document from 8 November 2023.]
Provisions | Status |
---|---|
Chapter 1 (section 1–5); Chapter 2, section 6–11, section 13–17; Chapter 3, Part I, section 18–21, section 27; Part 2, section 30–31; Part 3, section 35; Part 4, section 36–40; Chapter 7, Part 3, section 130–134; Chapter 20, section 305(1)(b), 305(1)(c), 305(3), 305(4), 305(5), 305(6), 305(7); Chapter 21, section 307, section 308–311; Chapter 22, section 313–315 | commenced on 1 July 2007 by Proclamation 13 of 2007. |
Chapter 5 (section 76–90); Chapter 6 (section 91–103); Chapter 7, Part 1 (section 104–110); Part 4, section 135–141, section 142(a), 142(b), 142(c), 142(d), 142(e), 142(f); Chapter 8 (section 143–149); Chapter 9, Part 2, section 156(1)(f); Chapter 11 (section 167–179); Chapter 12 (section 180–190); Chapter 13 (section 191–212); Chapter 14 (section 213–227); Chapter 15, section 250(3); Chapter 20, section 304(3)(a)(i), 304(3)(a)(ii), section 305(1)(e), 305(1)(f), 305(1)(g), 305(1)(h), 305(1)(i), 305(1)(j) | commenced on 1 April 2010 by Act 41 of 2007. |
Chapter 2, section 12; Chapter 3, Part I, section 22–26, section 28–29; Part 2, section 32; Part 3, section 33–34; Part 4, section 41; Chapter 4 (section 42–75); Chapter 7, Part 2 (section 111–128); Part 3, section 129, section 142; Part 4, section 142(g), 142(h), 142(i), 142(j), 142(k); Chapter 9, Part 1 (section 150–154); Part 2, section 155, section 156(1)(a), 156(1)(b), 156(1)(c), 156(1)(d), 156(1)(e), 156(1)(g), 156(1)(h), 156(1)(i), 156(1)(j), 156(1)(k), 156(2), 156(3), 156(4), section 157, section 158–160; Chapter 10 (section 161–166); Chapter 15, section 228–249, section 250(1), 250(2), section 251, section 252–253; Chapter 16 (section 254–273); Chapter 17 (section 274–280); Chapter 18 (section 281–291); Chapter 19 (section 292–303); Chapter 20, section 304(1), 304(2), 304(3)(a)(iii), 304(3)(a)(iv), 304(3)(b), 304(3)(c), 304(3)(d), 304(3)(e), 304(3)(f), 304(3)(g), 304(3)(h), 304(4), 304(5), section 305(1)(a), 305(1)(d), 305(1)(k), 305(1)(l), 305(1)(m), 305(1)(n), 305(1)(o), 305(1)(p), 305(1)(q), 305(1)(r), 305(1)(s), 305(2), 305(8); Chapter 21, section 306, section 312; Chapter 22 (in part) | commenced on 1 April 2010 by Proclamation R12 of 2010. |
Chapter 7, Part 2, subpart, section 128A | commenced on 22 January 2014 by Act 42 of 2013. |
Chapter 9, Part 1, section 151(2A), section 152(2)(d), 152(3)(b)(i), 152(3)(b)(ii), 152(3)(b)(iii); Chapter 11, section 171(1A), section 176(3) | commenced on 26 January 2018 by Act 18 of 2016. |
Chapter 7, Part 2, subpart, section 120(1A), 120(4A), 120(4B), section 122(1A); Chapter 9, Part 1, section 152A; Chapter 15, section 230(3)(f), 230(3)(g), section 242(2)(e) | commenced on 26 January 2018 by Act 17 of 2016. |
Chapter 4, Part 1, section 45(1)(bA), 45(1)(jA), 45(3A), 45(3B); Chapter 9, Part 1, section 150(1)(j), 150(1)(k), 150(1)(l); Part 2, section 156(1)(cA), section 159(2A), 159(2B); Chapter 12, section 186(1A), 186(4) | commenced on 8 November 2023. |
- [Amended by Children's Amendment Act, 2007 (Act 41 of 2007) on 1 April 2010]
- [Amended by Child Justice Act, 2008 (Act 75 of 2008) on 1 April 2010]
- [Amended by Judicial Matters Amendment Act, 2013 (Act 42 of 2013) on 22 January 2014]
- [Amended by Legal Aid South Africa Act, 2014 (Act 39 of 2014) on 1 March 2015]
- [Amended by Prevention and Combating of Trafficking in Persons Act, 2013 (Act 7 of 2013) on 9 August 2015]
- [Amended by Judicial Matters Amendment Act, 2017 (Act 8 of 2017) on 2 August 2017]
- [Amended by Children's Amendment Act, 2016 (Act 17 of 2016) on 26 January 2018]
- [Amended by Children's Second Amendment Act, 2016 (Act 18 of 2016) on 26 January 2018]
- [Amended by Children’s Amendment Act, 2022 (Act 17 of 2022) on 8 November 2023]
Chapter 1
Interpretation, objects, application and implementation of Act
1. Interpretation
2. Objects of Act
The objects of this Act are—3. Conflicts with other legislation
4. Implementation of Act
5. Inter-sectoral implementation of Act
To achieve the implementation of this Act in the manner referred to in section 4, all organs of state in the national, provincial and, where applicable, local spheres of government involved with the care, protection and well-being of children must co-operate in the development of a uniform approach aimed at co-ordinating and integrating the services delivered to children.Chapter 2
General principles
6. General principles
7. Best interests of child standard
8. Application
9. Best interests of child paramount
In all matters concerning the care, protection and well-being of a child the standard that the child's best interest is of paramount importance, must be applied.10. Child participation
Every child that is of such an age, maturity and stage of development as to be able to participate in any matter concerning that child has the right to participate in an appropriate way and views expressed by the child must be given due consideration.11. Children with disability or chronic illness
12. Social, cultural and religious practices
13. Information on health care
14. Access to court
Every child has the right to bring, and to be assisted in bringing, a matter to a court, provided that matter falls within the jurisdiction of that court.15. Enforcement of rights
16. Responsibilities of children
Every child has responsibilities appropriate to the child's age and ability towards his or her family, community and the state.17. Age of majority
A child, whether male or female, becomes a major upon reaching the age of 18 years.Chapter 3
Parental responsibilities and rights
Part I – Acquisition and loss of parental responsibilities and rights
18. Parental responsibilities and rights
19. Parental responsibilities and rights of mothers
20. Parental responsibilities and rights of married fathers
The biological father of a child has full parental responsibilities and rights in respect of the child—21. Parental responsibilities and rights of unmarried fathers
22. Parental responsibilities and rights agreements
23. Assignment of contact and care to interested person by order of court
24. Assignment of guardianship by order of court
25. Certain applications regarded as inter-country adoption
When application is made in terms of section 24 by a non-South African citizen for guardianship of a child, the application must be regarded as an inter-country adoption for the purposes of the Hague Convention on Inter-country Adoption and Chapter 16 of this Act.26. Person claiming paternity
27. Assignment of guardianship and care
28. Termination, extension, suspension or restriction of parental responsibilities and rights
29. Court proceedings
Part 2 – Co-exercise of parental responsibilities and rights
30. Co-holders of parental responsibilities and rights
31. Major decisions involving child
32. Care of child by person not holding parental responsibilities and rights
Part 3 – Parenting plans
33. Contents of parenting plans
34. Formalities
35. Refusal of access or refusal to exercise parental responsibilities and rights
Part 4 – Miscellaneous
36. Presumption of paternity in respect of child born out of wedlock
If in any legal proceedings in which it is necessary to prove that any particular person is the father of a child born out of wedlock it is proved that that person had sexual intercourse with the mother of the child at any time when that child could have been conceived, that person is, in the absence of evidence to the contrary which raises a reasonable doubt, presumed to be the biological father of the child.37. Refusal to submit to taking of blood samples
If a party to any legal proceedings in which the paternity of a child has been placed in issue has refused to submit himself or herself, or the child, to the taking of a blood sample in order to carry out scientific tests relating to the paternity of the child, the court must warn such party of the effect which such refusal might have on the credibility of that party.38. Effect of subsequent marriage of parents on child
39. Rights of child born of voidable marriage
40. Rights of child conceived by artificial fertilisation
41. Access to biographical and medical information concerning genetic parents
Chapter 4
Children's courts
Part 1 – Establishment, status and jurisdiction
42. Children's courts and presiding officers
43. Status
A children's court is a court of record and has a similar status to that of a magistrate's court at district level.44. Geographical area of jurisdiction of children's court
45. Matters children's court may adjudicate
46. Orders children's court may make
47. Referral of children by other court for investigation
48. Additional powers
49. Lay-forum hearings
50. Investigations
51. Appeals
Part 2 – Court proceedings
52. Rules and court proceedings
53. Who may approach court
54. Legal representation
A person who is a party in a matter before a children's court is entitled to appoint a legal practitioner of his or her own choice and at his or her own expense.55. Legal representation of children
56. Attendance at proceedings
Proceedings of a children's court are closed and may be attended only by—57. Compulsory attendance of persons involved in proceedings
58. Rights of persons to adduce evidence, question witnesses and produce argument
The following persons have the right to adduce evidence in a matter before a children's court and, with the permission of the presiding officer of the children's court, to question or cross-examine a witness or to address the court in argument:59. Witnesses
60. Conduct of proceedings
61. Participation of children
62. Professional reports ordered by court
63. Evidence
64. Adjournments
65. Monitoring of court orders
66. Protection of court case records
Subject to the Promotion of Access to Information Act, 2000 (Act No. 2 of 2000), no person has access to children's court case records, except—67. Appointment or designation of clerks of children's courts
68. Referral of matters by clerk of children's court
If it comes to the attention of the clerk of the children's court that a child may be in need of care and protection, the clerk must refer the matter to a designated social worker for investigation in terms of section 155(2).Part 3 – Pre-hearing conferences, family group conferences, other lay-forums and settling matters out of court
69. Prehearing conferences
70. Family group conferences
71. Other lay-forums
72. Settling of matters out of court
73. Other functions
The clerk of the children's court may attend every children's court hearing.Part 4 – Miscellaneous matters
74. Publication of information relating to proceedings
No person may, without the permission of a court, in any manner publish any information relating to the proceedings of a children's court which reveals or may reveal the name or identity of a child who is a party or a witness in the proceedings.75. Regulations
Chapter 5
Partial care
[Chapter 5 inserted by section 4 of Act 41 of 2007]76. Partial care
Partial care is provided when a person, whether for or without reward, takes care of more than six children on behalf of their parents or care-givers during specific hours of the day or night, or for a temporary period, by agreement between the parents or care-givers and the provider of the service, but excludes the care of a child—77. Strategy concerning partial care
78. Provision of partial care
79. National norms and standards for partial care
80. Partial care facility to be registered
81. Application for registration and renewal of registration
82. Consideration of application
83. Conditional registration
The registration or renewal of registration of a partial care facility may be granted on such conditions as the provincial head of social development may determine, including conditions—84. Cancellation of registration
85. Notice of enforcement
86. Appeal against and review of certain decisions
87. Record and inspection of and provision for partial care facility
88. Assignment of functions to municipality
89. Serious injury, abuse or death of child in partial care facility
90. Regulations
The Minister may make regulations in terms of section 306 concerning—Chapter 6
Early childhood development
[Chapter 6 inserted by section 4 of Act 41 of 2007]91. Early childhood development
92. Strategy concerning early childhood development
93. Provision of early childhood development programmes
94. National norms and standards for early childhood development programmes
95. Early childhood development programme to be registered
96. Application for registration and renewal of registration
97. Consideration of application
98. Conditional registration
The registration or renewal of registration of an early childhood development programme may be granted on such conditions as the provincial head of social development may determine, including conditions—99. Cancellation of registration
100. Notice of enforcement
A provincial head of social development may by way of a written notice of enforcement instruct—101. Appeal against and review of certain decisions
102. Assignment of functions to municipality
103. Regulations
The Minister may make regulations in terms of section 306 concerning—Chapter 7
Protection of children
Part 1 – Child protection system
[Part 1 inserted by section 5(a) of Act 41 of 2007]104. Strategy concerning child protection
105. Provision of designated child protection services
106. National norms and standards for child protection
107. Designation of child protection organisation
108. Existing child welfare organisation
109. Withdrawal of designation
110. Reporting of abused or neglected child and child in need of care and protection
Part 2 – National Child Protection Register
111. Keeping of National Child Protection Register
112. Confidentiality of National Child Protection Register
Part A of Register
113. Purpose of Part A of Register
The purpose of Part A of the Register is—114. Contents of Part A of Register
115. Access to Part A of Register
Only the Director-General and officials of the Department designated by the Director-General have access to Part A of the Register, but the Director-General may, on such conditions as the Director-General may determine, allow access to—116. Disclosure of information in Part A of Register
117. Inquiries on information in Part A of Register
Part B of Register
118. Purpose of Part B of Register
The purpose of Part B of the Register is to have a record of persons who are unsuitable to work with children and to use the information in the Register in order to protect children in general against abuse from these persons.119. Contents of Part B of Register
Part B of the Register must be a record of persons found in terms of section 120 to be unsuitable to work with children, and must reflect—120. Finding persons unsuitable to work with children
121. Disputes concerning findings
The person in respect of whom a finding in terms of section 120 has been made may—122. Findings to be reported to Director-General
123. Consequences of entry of name in Part B of Register
124. Disclosure of entry of name in Part B of Register
125. Access to Part B of Register
126. Establishment of information in Part B of Register
127. Disclosure of names in Part B of Register prohibited
128. Removal of name from Register
128A. Enquiries for purposes of expungement applications in terms of Criminal Procedure Act
Part 3 – Protective measures relating to health of children
129. Consent to medical treatment and surgical operation
130. HIV-testing
131. HIV-testing for foster care or adoption purposes
If HIV-testing of a child is done for foster care or adoption purposes, the state must pay the cost of such tests where circumstances permit.132. Counselling before and after HIV-testing
133. Confidentiality of information on HIV/AIDS status of children
134. Access to contraceptives
Part 4 – Other protective measures
[Part 4 inserted by section 5(c) of Act 41 of 2007]135. Application to terminate or suspend parental responsibilities and rights
136. Consideration of application to terminate or suspend parental responsibilities and rights
When considering an application referred to in section 135 the court must—137. Child-headed household
138. Unlawful removal or detention of child
139. Unlawful taking or sending of child out of Republic
140. Child safety at place of entertainment
141. Child labour and exploitation of children
142. Regulations
The Minister may make regulations in terms of section 306—Chapter 8
Prevention and early intervention
[Chapter 8 inserted by section 7 of Act 41 of 2007]143. Prevention and early intervention programmes
144. Purposes of prevention and early intervention programmes
145. Strategy for securing prevention and early intervention programmes
146. Provision of prevention and early intervention programmes
147. National norms and standards for prevention and early intervention programmes
148. Court may order early intervention programme
149. Report to include summary of prevention and early intervention programmes
When a report of a designated social worker is produced before a court in order to assist a court in determining a matter concerning a child, the report must contain a summary of any prevention and early intervention programmes provided in respect of that child and the family, parent or care-giver of the child.[section 149 inserted by section 7 of Act 41 of 2007]Chapter 9
Child in need of care and protection
Part 1 – Identification of child in need of care and protection
150. Child in need of care and protection
151. Removal of child to temporary safe care by court order
152. Removal of child to temporary safe care without court order
152A. Review of decision to remove child without court order
153. Written notice to alleged offender
154. Other children in need of care and protection
If there are reasonable grounds for believing that a child at the same place or on the same premises as a child placed in temporary safe care in terms of section 47, 151 or 152 is in need of care and protection, the person under whose care the child placed in temporary safe care is or the provincial head of social development may refer that child to a designated social worker for investigation contemplated in section 155(2).Part 2 – Children’s court processes
155. Decision of question whether child is in need of care and protection
156. Orders when child is found to be in need of care and protection
157. Court orders to be aimed at securing stability in child's life
158. Placement of child in child and youth care centre
159. Duration and extension of orders
160. Regulations
The Minister, after consultation with the Minister for Justice and Constitutional Development in respect of court orders, may make regulations prescribing—Chapter 10
Contribution order
161. Issue of contribution order
162. Jurisdiction
163. Effect of contribution order
164. Payments to be made to person determined by court
A contribution order must instruct the respondent to pay the sum stated therein to such person or institution as the court may determine.165. Attachment of wages of respondent
166. Change of residence or work by respondent
A respondent against whom a contribution order is in force must—Chapter 11
Alternative care
[Chapter 11 inserted by section 10 of Act 41 of 2007]167. Alternative care
168. Leave of absence
169. Child in alternative care prohibited from leaving Republic
170. Child absconding from alternative care
171. Transfer of child in alternative care
172. Change in residential care programme
173. Removal of child already in alternative care
174. Provisional transfer from alternative care
175. Discharge from alternative care
176. Remaining in alternative care beyond age of 18 years
177. Appeal against and review of certain decisions
178. Serious injury, abuse or death of child in alternative care
179. Regulations
The Minister, after consultation with the Minister for Justice and Constitutional Development where court orders are regulated, may make regulations in terms of section 306 prescribing—Chapter 12
Foster care
[Chapter 12 inserted by section 10 of Act 41 of 2007]180. Foster care
181. Purposes of foster care
The purposes of foster care are to—182. Prospective foster parent
183. Cluster foster care
184. Determination of placement of child in foster care
185. Number of children to be placed in foster care per household
186. Duration of foster care placement
187. Reunification of child with biological parent
188. Responsibilities and rights of foster parent
189. Termination of foster care
190. Regulations
The Minister, after consultation with the Minister for Justice and Constitutional Development where court orders are regulated, may make regulations in terms of section 306—Chapter 13
Child and youth care centres
[Chapter 13 inserted by section 10 of Act 41 of 2007]191. Child and youth care centre
192. Strategy to ensure sufficient provision of child and youth care centres
193. Provision of child and youth care centres
194. National norms and standards for child and youth care centres
Part 1 – Establishment and registration of child and youth care centre
[Part 1 inserted by section 10 of Act 41 of 2007]195. Establishment of child and youth care centre by organ of state
The MEC for social development must, from money appropriated by the relevant provincial legislature, establish and operate child and youth care centres for that province.[section 195 inserted by section 10 of Act 41 of 2007]196. Existing government children's home, place of safety, secure care facility, school of industry and reform school
197. Establishment of child and youth care centre
Any national or provincial state department responsible for social development, municipality and accredited organisation may establish and operate a child and youth care centre provided that the centre—198. Existing registered children's home and registered shelter
199. Application for registration or renewal of registration
200. Consideration of application
201. Conditional registration
The registration or renewal of registration of a child and youth care centre may be granted on such conditions as the provincial head of social development may determine, including conditions—202. Amendment of registration
The provincial head of social development in the relevant province may on application in the prescribed circumstances by the holder of a registration of a child and youth care centre amend the registration by written notice to that person.[section 202 inserted by section 10 of Act 41 of 2007]203. Cancellation of registration
204. Notice of enforcement
205. Voluntary closure of child and youth care centre
The holder of a registration of a child and youth care centre who voluntarily closes a child and youth care centre must—206. Child in child and youth care centre to be closed
If a child and youth care centre is to be closed as a result of the cancellation of its registration in terms of section 203 or voluntary closure of the centre in terms of section 205 every child placed in that centre must be transferred in terms of section 171.[section 206 inserted by section 10 of Act 41 of 2007]207. Appeal against and review of certain decisions
Part 2 – Operation and management of child and youth care centre
[Part 2 inserted by section 10 of Act 41 of 2007]208. Management board
209. Manager and staff of child and youth care centre
210. Management system
A child and youth care centre must be managed—211. Quality assurance process
Part 3 – Miscellaneous
[Part 3 inserted by section 10 of Act 41 of 2007]212. Regulations
The Minister may, where appropriate after consultation with the Ministers of Education, Health and Justice and Constitutional Development, in terms of section 306 make regulations prescribing—Chapter 14
Drop-in centres
[Chapter 14 inserted by section 10 of Act 41 of 2007]213. Drop-in centres
214. Strategy concerning drop-in centres
215. Provision of drop-in centres
216. National norms and standards for drop-in centres
217. Drop-in centres to be registered
218. Application for registration and renewal of registration
219. Consideration of application
220. Conditional registration
221. Cancellation of registration
222. Notice of enforcement
223. Appeal against and review of certain decisions
224. Record and inspection of and provision for drop-in centres
225. Assignment of functions to municipality
226. Serious injury, abuse or death of child in drop-in centre
227. Regulations
The Minister, after consultation with the Minister of Justice and Constitutional Development where review of decisions by the courts are regulated, may make regulations in terms of section 306 concerning—Chapter 15
Adoption
228. Adoption
A child is adopted if the child has been placed in the permanent care of a person in terms of a court order that has the effects contemplated in section 242.229. Purposes of adoption
The purposes of adoption are to—230. Child who may be adopted
231. Persons who may adopt child
232. Register on Adoptable Children and Prospective Adoptive Parents
233. Consent to adoption
234. Post adoption agreements
235. Freeing orders
236. When consent not required
237. Gathering of information for proposed adoption
238. Notice to be given of proposed adoption
239. Application for adoption order
240. Consideration of adoption application
241. Unreasonable withholding of consent
242. Effect of adoption order
243. Rescission of adoption order
244. Effect of rescission
245. Recording of adoption in births register
246. Registration of birth and recording of adoption of child born outside Republic
247. Adoption register
248. Access to adoption register
249. No consideration in respect of adoption
250. Only certain persons allowed to provide adoption service
251. Accreditation to provide adoption service
252. Advertising
253. Regulations
The Minister, after consultation with the Minister for Justice and Constitutional Development in respect of regulations dealing with court orders, may make regulations—Chapter 16
Inter-country adoption
254. Purposes of Chapter
The purposes of this Chapter are—255. International co-operation
256. Hague Convention on Inter-country Adoption to have force of law
257. Central Authority
258. Performance of functions
259. Accreditation to provide inter-country adoption services
260. Entering into adoption working agreement
261. Adoption of child from Republic by person in convention country
262. Adoption of child from Republic by person in non-convention country
263. Issue of adoption compliance certificate
If the children's court has approved the adoption of a child in terms of section 261 or 262, the Central Authority may issue an adoption compliance certificate.264. Adoption of child from convention country by person in Republic
265. Adoption of child from non-convention country by person in Republic
266. Recognition of inter-country adoption of child from convention country
267. Evidentiary value of adoption compliance certificate of convention country
Subject to section 270, an adoption compliance certificate is evidence, for the purposes of the laws of the Republic, that the adoption to which the certificate relates—268. Recognition of inter-country adoption of child from non-convention country
The Central Authority may issue a declaration recognising the adoption of a child in a non-convention country if—269. Effect of recognition of inter-country adoption
If the adoption of a child is recognised in terms of section 266 or 268, the adoption has in the Republic the effects set out in section 242.270. Refusal to recognise inter-country adoption or Article 27 decision
271. Application to children's court for inter-country adoption of child
272. Access to information
Subject to the provisions of section 248 with regard to access to the adoption register, read with such changes as the context may require, the Central Authority may disclose to a person older than 18 years who, as a child, was adopted in accordance with the Hague Convention on Inter-country Adoption, any information in the records of the Central Authority concerning that person's origin.273. Processing or facilitating inter-country adoption
No person may process or facilitate an inter-country adoption otherwise than in terms of this Chapter.Chapter 17
Child abduction
274. Purposes of Chapter
The purposes of this Chapter are—275. Hague Convention on International Child Abduction to have force of law
The Hague Convention on International Child Abduction is in force in the Republic and its provisions are law in the Republic, subject to the provisions of this Act.276. Central Authority
277. Delegation of powers and duties
278. Powers of court
279. Legal representation
A legal representative must represent the child, subject to section 55, in all applications in terms of the Hague Convention on International Child Abduction.280. Regulations
Chapter 18
***
[Chapter 18 repealed by section 48 of Act 7 of 2013]281. -***
[section 281 repealed by section 48 of Act 7 of 2013]282. -***
[section 282 repealed by section 48 of Act 7 of 2013]283. -***
[section 283 repealed by section 48 of Act 7 of 2013]284. -***
[section 284 repealed by section 48 of Act 7 of 2013]285. -***
[section 285 repealed by section 48 of Act 7 of 2013]286. -***
[section 286 repealed by section 48 of Act 7 of 2013]287. -***
[section 287 repealed by section 48 of Act 7 of 2013]288. -***
[section 288 repealed by section 48 of Act 7 of 2013]289. -***
[section 289 repealed by section 48 of Act 7 of 2013]290. -***
[section 290 repealed by section 48 of Act 7 of 2013]291. -***
[section 291 repealed by section 48 of Act 7 of 2013]Chapter 19
Surrogate motherhood
292. Surrogate motherhood agreement must be in writing and confirmed by High Court
293. Consent of husband, wife or partner
294. Genetic origin of child
No surrogate motherhood agreement is valid unless the conception of the child contemplated in the agreement is to be effected by the use of the gametes of both commissioning parents or, if that is not possible due to biological, medical or other valid reasons, the gamete of at least one of the commissioning parents or, where the commissioning parent is a single person, the gamete of that person.295. Confirmation by court
A court may not confirm a surrogate motherhood agreement unless—296. Artificial fertilisation of surrogate mother
297. Effect of surrogate motherhood agreement on status of child
298. Termination of surrogate motherhood agreement
299. Effect of termination of surrogate motherhood agreement
The effect of the termination of a surrogate motherhood agreement in terms of section 298 is that—300. Termination of pregnancy
301. Payments in respect of surrogacy prohibited
302. Identity of parties
303. Prohibition of certain acts
Chapter 20
Enforcement of Act
304. Inspection of child and youth care centre, partial care facility, shelter and drop-in centre
305. Offences
Chapter 21
Administration of Act
306. Regulations
307. Delegation of powers and duties by Minister
308. Assignment of powers and duties by Minister
309. Delegation of powers and duties by MECs for social development
310. Delegation of powers and duties by Director-General
311. Delegation of powers and duties by provincial heads of social development
312. Agency agreements
Chapter 22
Miscellaneous matters
313. Amendment of laws
The laws referred to in the second column of Schedule 4 are hereby amended to the extent indicated in the third column of the Schedule.314. Transitional matters
Anything done in terms of a law repealed in terms of section 313 which can be done in terms of a provision of this Act, must be regarded as having been done in terms of that provision of this Act.315. Short title and commencement
This Act is called the Children's Act, 2005, and takes effect on a date fixed by the President by proclamation in the Gazette.History of this document
08 November 2023 this version
Amended by
Children’s Amendment Act, 2022
Commenced
26 January 2018
Amended by
Children's Amendment Act, 2016
Amended by
Children's Second Amendment Act, 2016
Read this version
02 August 2017
09 August 2015
01 March 2015
22 January 2014
01 April 2010
Amended by
Children's Amendment Act, 2007
Amended by
Child Justice Act, 2008
Commenced by
Children's Act, 2005: Commencement
Read this version
01 July 2007
Commenced by
Children's Act, 2005: Commencement
19 June 2006
08 June 2006
Assented to
Subsidiary legislation
Title | Numbered title |
---|---|
General Regulations Regarding Children Amendment Regulations, 2012 | Government Notice R497 of 2012 |
General Regulations Regarding Children Amendment Regulations, 2016 | Government Notice 978 of 2016 |
General Regulations Regarding Children Amendment Regulations, 2017 | Government Notice 282 of 2017 |
General Regulations Regarding Children Amendment Regulations, 2023 | Government Notice 4059 of 2023 |
Cited documents 26
Legislation 26
- Basic Conditions of Employment Act, 1997
- Births and Deaths Registration Act, 1992
- Constitution of the Republic of South Africa, 1996
- Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007
- Criminal Procedure Act, 1977
- Divorce Act, 1979
- Domestic Violence Act, 1998
- Films and Publications Act, 1996
- Higher Education Act
- Local Government: Municipal Structures Act, 1998
- Local Government: Municipal Systems Act, 2000
- Magistrates Act, 1993
- Magistrates' Courts Act, 1944
- Maintenance Act, 1998
- Matrimonial Affairs Act, 1953
- Mediation in Certain Divorce Matters Act, 1987
- Mental Health Care Act, 2002
- National Health Act, 2003
- Nonprofit Organisations Act, 1997
- Prevention and Combating of Trafficking in Persons Act, 2013
- Promotion of Access to Information Act, 2000
- Recognition of Customary Marriages Act, 1998
- Refugees Act, 1998
- Rules Board for Courts of Law Act, 1985
- Social Assistance Act, 2004
- South African Schools Act, 1996
Documents citing this one 483
Case summary 5
- Case Summary: M v S (Unreported) Case no. A343/2018 (14 May 2019) Western Cape Division of High Court (Cape Town)
- Case Summary: S v Malherbe 2020(1) SACR 277 (SCA)
- Case summary: Director of Public Prosecutions North Gauteng v Alberts (A835/14) [2016] ZAGPPHC 495 (30 June 2016) 2016 (2) SACR 419 (GP)
- Case summary: Du Toit v The Magistrate and Others (733/2015) [2016] ZASCA 15; 2016 (2) SACR 112 (SCA) (11 March 2016)
- Case summary: S v Beale (A283/18) [2019] ZAWCHC 115 (3 May 2019)
Gazette 220
- Eastern Cape Provincial Gazette dated 2017-05-05 number 3836
- Eastern Cape Provincial Gazette dated 2017-10-16 number 3939
- Eastern Cape Provincial Gazette dated 2019-04-01 number 4217
- Eastern Cape Provincial Gazette dated 2021-07-12 number 4590
- Free State Provincial Gazette dated 2015-02-03 number 98
- Free State Provincial Gazette dated 2015-02-03 number 99
- Free State Provincial Gazette dated 2015-03-05 number 112
- Free State Provincial Gazette dated 2021-03-12 number 106
- Free State Provincial Gazette dated 2023-12-01 number 73
- Free State Provincial Gazette dated 2024-01-26 number 87
- Gauteng Provincial Gazette dated 2017-12-20 number 336
- Gauteng Provincial Gazette dated 2018-03-28 number 88
- KwaZulu-Natal Provincial Gazette dated 2013-03-26 number 922
- KwaZulu-Natal Provincial Gazette dated 2015-03-09 number 1325
- KwaZulu-Natal Provincial Gazette dated 2015-03-09 number 1326
- KwaZulu-Natal Provincial Gazette dated 2015-06-25 number 1394
- KwaZulu-Natal Provincial Gazette dated 2015-10-22 number 1530
- KwaZulu-Natal Provincial Gazette dated 2016-03-31 number 1647
- KwaZulu-Natal Provincial Gazette dated 2017-03-09 number 1797
- KwaZulu-Natal Provincial Gazette dated 2017-03-30 number 1807
- KwaZulu-Natal Provincial Gazette dated 2017-11-09 number 1895
- KwaZulu-Natal Provincial Gazette dated 2018-02-15 number 1926
- KwaZulu-Natal Provincial Gazette dated 2018-10-11 number 2008
- KwaZulu-Natal Provincial Gazette dated 2020-04-16 number 2180
- KwaZulu-Natal Provincial Gazette dated 2021-02-18 number 2251
- KwaZulu-Natal Provincial Gazette dated 2022-08-11 number 2438
- KwaZulu-Natal Provincial Gazette dated 2023-10-05 number 2603
- KwaZulu-Natal Provincial Gazette dated 2024-02-08 number 2652 part 1
- Limpopo Provincial Gazette dated 2014-03-07 number 2326
- Limpopo Provincial Gazette dated 2018-08-10 number 2931
- Limpopo Provincial Gazette dated 2021-03-01 number 3141
- Limpopo Provincial Gazette dated 2023-10-20 number 3452
- Mpumalanga Provincial Gazette dated 2012-01-27 number 2003
- Mpumalanga Provincial Gazette dated 2014-12-12 number 2398
- Mpumalanga Provincial Gazette dated 2020-12-25 number 3221
- Mpumalanga Provincial Gazette dated 2021-01-08 number 3224
- Mpumalanga Provincial Gazette dated 2022-01-28 number 3348
- North-West Provincial Gazette dated 2008-09-29 number 6538
- North-West Provincial Gazette dated 2015-02-25 number 7407
- North-West Provincial Gazette dated 2015-03-10 number 7417
- North-West Provincial Gazette dated 2016-08-22 number 7681
- North-West Provincial Gazette dated 2018-03-13 number 7860
- North-West Provincial Gazette dated 2021-04-14 number 8203
- Northern Cape Provincial Gazette dated 2013-11-25 number 1752
- Northern Cape Provincial Gazette dated 2014-12-03 number 1860
- Northern Cape Provincial Gazette dated 2016-12-26 number 2065
- Northern Cape Provincial Gazette dated 2017-04-24 number 2089
- Northern Cape Provincial Gazette dated 2020-07-06 number 2352
- Northern Cape Provincial Gazette dated 2021-02-15 number 2395
- South Africa Government Gazette Legal Notices A dated 2013-11-15 number 37016 part 1
- South Africa Government Gazette Legal Notices A dated 2013-12-13 number 37125
- South Africa Government Gazette Legal Notices A dated 2014-02-28 number 37366 part 1
- South Africa Government Gazette Legal Notices A dated 2014-05-02 number 37591
- South Africa Government Gazette Legal Notices A dated 2014-08-22 number 37917 part 1
- South Africa Government Gazette Legal Notices A dated 2014-10-10 number 38061 part 1
- South Africa Government Gazette Legal Notices A dated 2014-10-31 number 38130 part 1
- South Africa Government Gazette Legal Notices A dated 2014-12-24 number 38341
- South Africa Government Gazette Legal Notices A dated 2015-03-20 number 38576 part 1
- South Africa Government Gazette Legal Notices A dated 2015-10-16 number 39292 part 1
- South Africa Government Gazette Legal Notices A dated 2017-01-20 number 40550 part 1
- South Africa Government Gazette Legal Notices A dated 2017-02-10 number 40604
- South Africa Government Gazette Legal Notices A dated 2017-02-24 number 40635 part 1
- South Africa Government Gazette Legal Notices A dated 2017-10-06 number 41161 part 1
- South Africa Government Gazette Legal Notices A dated 2018-02-02 number 41415 part 1
- South Africa Government Gazette Legal Notices A dated 2018-05-18 number 41630 part 1
- South Africa Government Gazette Legal Notices A dated 2019-03-01 number 42259 part 1
- South Africa Government Gazette Legal Notices A dated 2019-12-13 number 42904
- South Africa Government Gazette Legal Notices A dated 2020-02-21 number 43034 part 1
- South Africa Government Gazette Legal Notices A dated 2020-03-06 number 43075 part 1
- South Africa Government Gazette Legal Notices A dated 2020-03-20 number 43109
- South Africa Government Gazette Legal Notices A dated 2020-03-27 number 43149 part 1
- South Africa Government Gazette Legal Notices A dated 2020-06-12 number 43416 part 1
- South Africa Government Gazette Legal Notices A dated 2020-10-16 number 43813 part 1
- South Africa Government Gazette Legal Notices A dated 2020-12-24 number 44030
- South Africa Government Gazette Legal Notices A dated 2021-07-30 number 44903
- South Africa Government Gazette Legal Notices A dated 2021-10-29 number 45387 part 1
- South Africa Government Gazette Legal Notices A dated 2021-12-24 number 45694
- South Africa Government Gazette Legal Notices A dated 2022-07-15 number 47011 part 1
- South Africa Government Gazette Legal Notices A dated 2023-11-10 number 49616 part 1
- South Africa Government Gazette Legal Notices A dated 2023-12-01 number 49780 part 1
- South Africa Government Gazette Legal Notices A dated 2024-02-09 number 50100 part 1
- South Africa Government Gazette Regulation Gazette dated 2012-06-29 number 35476
- South Africa Government Gazette Regulation Gazette dated 2013-02-15 number 36159
- South Africa Government Gazette Regulation Gazette dated 2014-02-26 number 37373
- South Africa Government Gazette Regulation Gazette dated 2014-05-22 number 37679
- South Africa Government Gazette Regulation Gazette dated 2014-09-19 number 38000
- South Africa Government Gazette Regulation Gazette dated 2014-10-31 number 38135
- South Africa Government Gazette Regulation Gazette dated 2015-07-21 number 39007
- South Africa Government Gazette Regulation Gazette dated 2015-08-21 number 39119
- South Africa Government Gazette Regulation Gazette dated 2015-10-23 number 39318
- South Africa Government Gazette Regulation Gazette dated 2016-10-14 number 40349
- South Africa Government Gazette Regulation Gazette dated 2017-07-26 number 41005
- South Africa Government Gazette Regulation Gazette dated 2019-09-02 number 42678
- South Africa Government Gazette Regulation Gazette dated 2019-11-04 number 42821
- South Africa Government Gazette Regulation Gazette dated 2019-12-27 number 42932
- South Africa Government Gazette Regulation Gazette dated 2020-03-30 number 43182
- South Africa Government Gazette Regulation Gazette dated 2020-04-07 number 43213
- South Africa Government Gazette Regulation Gazette dated 2020-04-16 number 43232
- South Africa Government Gazette Regulation Gazette dated 2020-04-29 number 43258
- South Africa Government Gazette Regulation Gazette dated 2020-05-09 number 43300
- South Africa Government Gazette Regulation Gazette dated 2020-05-22 number 43343
- South Africa Government Gazette Regulation Gazette dated 2020-07-03 number 43496
- South Africa Government Gazette Regulation Gazette dated 2021-01-08 number 44058
- South Africa Government Gazette Regulation Gazette dated 2021-01-25 number 44099
- South Africa Government Gazette Regulation Gazette dated 2022-05-31 number 46459
- South Africa Government Gazette dated 2007-06-29 number 30030
- South Africa Government Gazette dated 2008-01-25 number 30688
- South Africa Government Gazette dated 2008-03-18 number 30884
- South Africa Government Gazette dated 2008-11-26 number 31643
- South Africa Government Gazette dated 2009-02-18 number 31911
- South Africa Government Gazette dated 2009-03-27 number 32043
- South Africa Government Gazette dated 2009-04-21 number 32147
- South Africa Government Gazette dated 2009-04-21 number 32150
- South Africa Government Gazette dated 2009-07-24 number 32433
- South Africa Government Gazette dated 2010-08-13 number 33461
- South Africa Government Gazette dated 2010-09-02 number 33508
- South Africa Government Gazette dated 2010-12-07 number 33850
- South Africa Government Gazette dated 2010-12-07 number 33851
- South Africa Government Gazette dated 2011-05-20 number 34303
- South Africa Government Gazette dated 2011-07-19 number 34472
- South Africa Government Gazette dated 2011-09-20 number 34622
- South Africa Government Gazette dated 2011-10-19 number 34692
- South Africa Government Gazette dated 2012-04-13 number 35246
- South Africa Government Gazette dated 2012-06-15 number 35435
- South Africa Government Gazette dated 2012-08-29 number 35637
- South Africa Government Gazette dated 2012-12-28 number 36054
- South Africa Government Gazette dated 2013-02-27 number 36196
- South Africa Government Gazette dated 2013-04-12 number 36369
- South Africa Government Gazette dated 2013-07-29 number 36715
- South Africa Government Gazette dated 2013-10-04 number 36895
- South Africa Government Gazette dated 2013-11-06 number 37005
- South Africa Government Gazette dated 2013-11-15 number 37014
- South Africa Government Gazette dated 2014-01-22 number 37254
- South Africa Government Gazette dated 2014-02-14 number 37335
- South Africa Government Gazette dated 2014-02-20 number 37353
- South Africa Government Gazette dated 2014-05-29 number 37689
- South Africa Government Gazette dated 2014-11-14 number 38204
- South Africa Government Gazette dated 2014-11-19 number 38222
- South Africa Government Gazette dated 2015-03-06 number 38542
- South Africa Government Gazette dated 2015-03-13 number 38558 part 1
- South Africa Government Gazette dated 2015-03-30 number 38622
- South Africa Government Gazette dated 2015-05-22 number 38814
- South Africa Government Gazette dated 2015-07-01 number 38947
- South Africa Government Gazette dated 2015-08-05 number 39056
- South Africa Government Gazette dated 2015-08-06 number 39058
- South Africa Government Gazette dated 2015-08-28 number 39131
- South Africa Government Gazette dated 2015-10-23 number 39314
- South Africa Government Gazette dated 2015-11-25 number 39448
- South Africa Government Gazette dated 2015-12-18 number 39531 part 1
- South Africa Government Gazette dated 2015-12-24 number 39561 part 1
- South Africa Government Gazette dated 2016-03-18 number 39827
- South Africa Government Gazette dated 2016-07-21 number 40151
- South Africa Government Gazette dated 2016-11-01 number 40391
- South Africa Government Gazette dated 2017-01-19 number 40564
- South Africa Government Gazette dated 2017-01-19 number 40565
- South Africa Government Gazette dated 2017-03-31 number 40733 part 1
- South Africa Government Gazette dated 2017-03-31 number 40750
- South Africa Government Gazette dated 2017-05-19 number 40847 part 1
- South Africa Government Gazette dated 2017-05-26 number 40860 part 1
- South Africa Government Gazette dated 2017-06-29 number 40946
- South Africa Government Gazette dated 2017-07-14 number 40978 part 1
- South Africa Government Gazette dated 2017-08-02 number 41018
- South Africa Government Gazette dated 2017-08-04 number 41024 part 1
- South Africa Government Gazette dated 2017-09-01 number 41082 part 1
- South Africa Government Gazette dated 2017-09-22 number 41132 part 1
- South Africa Government Gazette dated 2017-10-13 number 41178
- South Africa Government Gazette dated 2017-11-08 number 41233
- South Africa Government Gazette dated 2018-03-16 number 41498 part 1
- South Africa Government Gazette dated 2018-06-01 number 41673
- South Africa Government Gazette dated 2018-06-29 number 41738
- South Africa Government Gazette dated 2018-07-19 number 41783
- South Africa Government Gazette dated 2018-07-27 number 41796 part 1
- South Africa Government Gazette dated 2018-10-12 number 41970 part 1
- South Africa Government Gazette dated 2018-10-29 number 42005
- South Africa Government Gazette dated 2018-11-27 number 42062
- South Africa Government Gazette dated 2019-02-25 number 42248
- South Africa Government Gazette dated 2019-08-23 number 42657 part 1
- South Africa Government Gazette dated 2019-09-06 number 42684 part 1
- South Africa Government Gazette dated 2019-11-28 number 42865 part 1
- South Africa Government Gazette dated 2020-03-18 number 43107
- South Africa Government Gazette dated 2020-03-20 number 43110 part 1
- South Africa Government Gazette dated 2020-04-03 number 43192 part 1
- South Africa Government Gazette dated 2020-05-12 number 43305
- South Africa Government Gazette dated 2020-05-28 number 43364
- South Africa Government Gazette dated 2020-06-23 number 43465
- South Africa Government Gazette dated 2020-07-10 number 43520
- South Africa Government Gazette dated 2020-07-17 number 43528 part 1
- South Africa Government Gazette dated 2020-08-26 number 43656
- South Africa Government Gazette dated 2020-09-11 number 43710
- South Africa Government Gazette dated 2020-12-11 number 43981 part 1
- South Africa Government Gazette dated 2020-12-23 number 44035
- South Africa Government Gazette dated 2021-02-05 number 44173 part 1
- South Africa Government Gazette dated 2021-04-09 number 44433
- South Africa Government Gazette dated 2021-05-04 number 44529
- South Africa Government Gazette dated 2021-05-11 number 44557
- South Africa Government Gazette dated 2021-06-18 number 44724 part 1
- South Africa Government Gazette dated 2021-07-02 number 44799 part 1
- South Africa Government Gazette dated 2021-07-05 number 44806
- South Africa Government Gazette dated 2022-01-28 number 45823
- South Africa Government Gazette dated 2022-10-07 number 47257 part 1
- South Africa Government Gazette dated 2023-09-29 number 49379 part 1
- South Africa Government Gazette dated 2023-11-10 number 49658
- South Africa Government Gazette dated 2023-11-10 number 49659
- South Africa Government Gazette dated 2023-11-17 number 49720 part 1
- South Africa Government Gazette dated 2023-12-14 number 49863
- Western Cape Provincial Gazette dated 2008-09-12 number 6554
- Western Cape Provincial Gazette dated 2010-09-20 number 6790
- Western Cape Provincial Gazette dated 2012-02-10 number 6951
- Western Cape Provincial Gazette dated 2014-10-13 number 7317
- Western Cape Provincial Gazette dated 2015-02-04 number 7349
- Western Cape Provincial Gazette dated 2015-02-06 number 7352
- Western Cape Provincial Gazette dated 2017-02-03 number 7727
- Western Cape Provincial Gazette dated 2017-08-17 number 7810
- Western Cape Provincial Gazette dated 2017-09-22 number 7828
- Western Cape Provincial Gazette dated 2019-04-08 number 8076
- Western Cape Provincial Gazette dated 2020-03-23 number 8223
- Western Cape Provincial Gazette dated 2021-03-12 number 8398
- Western Cape Provincial Gazette dated 2021-08-25 number 8478
- Western Cape Provincial Gazette dated 2022-07-27 number 8636
- Western Cape Provincial Gazette dated 2023-11-22 number 8852
Guidance Note 1
Guide 1
Judgment 232
- A B and Another v Pridwin Preparatory School and Others (1134 of 2017) [2018] ZASCA 150 (1 November 2018)
- A K and Others v Minister of Home Affairs and Another (2693/2022) [2023] ZAWCHC 24 (10 March 2023)
- A N v M M (2023-104609) [2023] ZAGPJHC 1554 (26 October 2023)
- A R v A T (2022/2513) [2023] ZAGPJHC 380 (25 April 2023)
- A S and Another v L E and Others (5530/2022) [2022] ZAGPJHC 1100 (22 July 2022)
- A W v C W (043054/2023) [2023] ZAGPPHC 983 (31 August 2023)
- AB and Another v Minister of Social Development [2016] ZACC 43 (29 November 2016)
- AD and Another v DW and Others [2007] ZACC 27 (7 December 2007)
- AK v LKG (43557/21) [2021] ZAGPJHC 90 (15 November 2021)
- Ad Hoc Central Authority for Republic of South Africa and Another v H K NO and Another (CCT 150/22) [2023] ZACC 37 (27 November 2023)
- B V R v C V R (4939/2020) [2023] ZAFSHC 53 (1 March 2023)
- Bessinger v N N (649/2022) [2024] ZAECBHC 7 (25 April 2024)
- Brooks and Another v National Director of Public Prosecutions (855 of 2016) [2017] ZASCA 42 (30 March 2017)
- Brossy v Brossy (602/2011) [2012] ZASCA 151 (28 September 2012)
- C A R v Y R (061066/2022) [2023] ZAGPPHC 607 (29 May 2023)
- C B v K B (4625/2021) [2023] ZAGPPHC 1416 (29 December 2023)
- C B v P B (4790/2023) [2024] ZAFSHC 48 (26 February 2024)
- C K v J S (2023-058030) [2024] ZAGPJHC 1611 (22 March 2024)
- C M v D M (2022/058116) [2023] ZAGPJHC 1219 (23 October 2023)
- C R v T N ; In re: T N v C R (4327/2016) [2024] ZAECPEHC 22 (19 March 2024)
- C T v T E T (9685/2022) [2023] ZAWCHC 157 (13 October 2023)
- C and Another v S (A112-2022) [2024] ZAGPPHC 383 (11 April 2024)
- C and Others v Department of Health and Social Development, Gauteng and Others [2012] ZACC 1 (11 January 2012)
- CJW and Another v SJP and Others (88660/2019) [2024] ZAGPPHC 26 (2 January 2024)
- Central Authority (The Republic of South Africa) and Another v H (150/19) [2019] ZAGPPHC 436 (15 March 2019)
- Centre for Child Law and Others v Media 24 Limited and Others (871 of 2017) [2018] ZASCA 140 (28 September 2018)
- Centre for Child Law v Director of Public Prosecutions, Johannesburg and Others [2022] ZACC 35 (29 September 2022)
- Centre for Child Law v T S and Others [2023] ZACC 22 (29 June 2023)
- Centre for Child Law v The Governing Body of Hoerskool Fochville (156/2015) [2015] ZASCA 155 (8 October 2015)
- Chhita v Ranchod (A5002/2022) [2022] ZAGPJHC 1259 (15 December 2022)
- Chita v Ranchod (A5002/2022) [2022] ZAGPJHC 1231 (15 December 2022)
- Christelike Maatskaplike Raad Noord ("CMR North") v Department of Social Development and Others (32944/2022) [2022] ZAGPPHC 614 (20 October 2022)
- Coughlan NO v Road Accident Fund [2015] ZACC 9 (20 April 2015)
- D A E v D A J (13755/2022) [2023] ZAGPJHC 528 (19 May 2023)
- D H v A H (914/2023) [2023] ZAECGHC 127 (12 December 2023)
- D H v A H (914/2023) [2023] ZAECGHC 31 (4 April 2023)
- D M v C P (B6773/23) [2024] ZAGPPHC 71 (4 January 2024)
- D T L v G B (015642/2022) [2023] ZAGPJHC 821 (13 July 2023)
- D T and Another v M A M F (2023-032929) [2023] ZAGPJHC 1227 (24 October 2023)
- D T and Another v M F (2023-119659) [2023] ZAGPJHC 1483 (8 December 2023)
- D V v J V (63604/2021) [2023] ZAGPPHC 872 (2 August 2023)
- DG and Another v W and Others (379/2006) [2007] ZASCA 87 (1 June 2007)
- DKD v BDK N.O. and Another (2022/6381) [2023] ZAGPJHC 382 (26 April 2023)
- De Beer and Another v Newman (2023-113226) [2023] ZAGPPHC 1260 (17 November 2023)
- De Wet and Another v Gambeno and Another (434/2022) [2023] ZAECELLC 15 (30 May 2023)
- Director of Public Prosecutions North Gauteng v Alberts (A835/14) [2016] ZAGPPHC 495 (30 June 2016)
- Du Toit v The Magistrate and Others (733/2015) [2016] ZASCA 15 (11 March 2016)
- Dube and Others v Ninarich Investments (Pty) Ltd and Others (2023/00000054) [2023] ZAGPJHC 263 (27 March 2023)
- E A and Others v Minister of Police (41567/14) [2019] ZAGPJHC 9 (12 February 2019)
- E K v P K and Others (53105/2021) [2023] ZAGPPHC 65 (9 February 2023)
- E L v H L (4770/2023) [2024] ZAFSHC 47 (26 February 2024)
- Ex Parte: Fourie and Another; In Re: Fourie and Another v De Wet N.O. and Others (13080/2022) [2023] ZAWCHC 59 (17 May 2023)
- Ex Parte: Vollmer and Others; In Re: Brenner Mills (Pty) Ltd v Taxing Master High Court of South Africa Gauteng Division Pretoria and Another (43767/2020; 6686/21) [2022] ZAGPPHC 1160 (23 December 2022)
- Ex parte: Le Grange and Another; Le Grange v Le Grange (984/2011) [2013] ZAECGHC 75 (1 August 2013)
- Ex parte: M M and Another (28084/22) [2022] ZAGPPHC 1134 (26 September 2022)
- Ex parte: Sibisi (2115/2010) [2010] ZAKZPHC 56 (17 September 2010)
- Freedom of Religion South Africa v Minister of Justice and Constitutional Development and Others [2019] ZACC 34 (18 September 2019)
- G D v L D (25896/21) [2022] ZAGPPHC 728 (31 October 2022)
- G P v M M (4809/2022) [2024] ZAGPJHC 69 (29 January 2024)
- G T v J T (5617/2023) [2024] ZAFSHC 59 (29 February 2024)
- G W v S W (24049/2022) [2023] ZAGPJHC 282 (10 February 2023)
- Glenister v President of the Republic of South Africa and Others [2011] ZACC 6 (17 March 2011)
- Gorekwang v S (CA 52/22) [2024] ZANWHC 68 (12 March 2024)
- Government of Western Cape: Department of Social Development v C B and Others (1220 of 2017) [2018] ZASCA 166 (30 November 2018)
- Gumbi v Goba (3138/2010; 4195/2007) [2010] ZAKZPHC 84 (13 December 2010)
- H F v P F ; In Re: E F and Others (2022/028593) [2024] ZAGPJHC 88 (31 January 2024)
- H v H (126003/2023) [2024] ZAGPPHC 346 (8 April 2024)
- Harvey NO and Others v Crawford NO and Others (1016 of 2017) [2018] ZASCA 147 (17 October 2018)
- Helen Suzman Foundation v Judicial Service Commission [2018] ZACC 8 (24 April 2018)
- Henrico v Daniella Roen Spies (717/2022) [2022] ZAFSHC 159 (7 December 2022)
- Heritage Financial Consultants (Pty) Ltd v Ramborosa and Another (36805/2021) [2021] ZAGPJHC 504 (3 December 2021)
- I G v J V (30290/21) [2023] ZAGPPHC 910 (8 July 2023)
- Independent Newspapers (Pty) Ltd v Minister for Intelligence Services (Freedom of Expression Institute as Amicus Curiae) In re: Masetlha v President of the Republic of South Africa and Another (Independent [2008] ZACC 6 (22 May 2008)
- J M v S M (5647/2019) [2023] ZAGPPHC 39 (31 January 2023)
- J V v W V (Rule 43) (2021/34787) [2024] ZAGPJHC 65 (12 January 2024)
- J v National Director of Public Prosecutions and Another [2014] ZACC 13 (6 May 2014)
- JM Busha Investment Group (Pty) Ltd v Huxley (38991/2020) [2022] ZAGPJHC 409 (4 July 2022)
- Johncom Media Investments Ltd v M & Others (Media Monitoring Project as Amicus) [2009] ZACC 5 (17 March 2009)
- K B and Another v Minister of Social Development (462/23) [2024] ZASCA 54 (19 April 2024)
- K E and Others v Department of Social Development and Others (2022/047918) [2023] ZAGPJHC 236 (22 March 2023)
- KG v CB and Others (748/11) [2012] ZASCA 17 (22 March 2012)
- KLVC v SDI (20334/2014) [2014] ZASCA 222 (12 December 2014)
- Kekana obo M M L v Road Accident Fund (2019/26724) [2023] ZAGPJHC 495 (16 May 2023)
- Kgitsane v S (37/2022) [2024] ZAFSHC 41 (23 February 2024)
- Khumalo v S (A146/2022) [2024] ZAGPPHC 323 (2 April 2024)
- Khuzwayo v Road Accident Fund (1090/2017) [2023] ZAKZDHC 26 (9 June 2023)
- Koyingana and Another v Koyingana and Others (842/2021) [2022] ZANCHC 29 (14 June 2022)
- L A v E V (2024-017275) [2024] ZAGPPHC 237 (11 March 2024)
- L D v Road Accident Fund (14606/16) [2018] ZAGPPHC 589 (5 February 2018)
- L R V v L E V (2501/2022) [2023] ZAECELLC 34 (15 September 2023)
- L v Ad Hoc Central Authority for Republic of South Africa and Others (1143/2021) [2021] ZASCA 107 (3 August 2021)
- Li v Li; In Re: Huang v Zhang (49805/21; 49806/21) [2022] ZAGPJHC 503 (8 August 2022)
- Lombard obo R L v Health Professions Council of South Africa and Another (83708/2019) [2023] ZAGPPHC 949 (23 August 2023)
- Louw v Kondile and Another (64416/2009) [2022] ZAGPPHC 1076 (25 November 2022)
- M B v L C and Another (21586/2023) [2024] ZAWCHC 34 (29 February 2024)
- M B v N G (17885 / 2020) [2024] ZAGPJHC 1539 (6 March 2024)
- M M v M M (2022-023698) [2023] ZAGPPHC 977 (31 August 2023)
- M M v M M (50524/2017) [2023] ZAGPPHC 172 (22 March 2023)
- M M v N M and Others (15133/23P) [2023] ZAKZPHC 122 (18 October 2023)
- M N v B N (210/2016) [2023] ZAFSHC 108 (13 June 2023)
- M N v J S (40230/2020) [2023] ZAGPPHC 893 (11 August 2023)
- M P v P P (52101/2018) [2023] ZAGPPHC 1205 (6 November 2023)
- M Q v V S (022106/2023) [2024] ZAGPJHC 188 (23 February 2024)
- M S v L S (5722/2023) [2024] ZAFSHC 60 (13 March 2024)
- M V N v M N (060071/23) [2023] ZAGPJHC 771 (30 June 2023)
- M V v P V (2022-057797) [2023] ZAGPPHC 962 (25 August 2023)
- M v P (1917/2018) [2019] ZAGPJHC 19 (1 February 2019)
- M v S (CCT 53/06) [2007] ZACC 18 (26 September 2007)
- MEC for Education, KZN v Shange (529/2011) [2012] ZASCA 98 (1 June 2012)
- MEC for Social Development, Western Cape and Others v Justice Alliance of South Africa and Another (1054/2015) [2016] ZASCA 88 (1 June 2016)
- MIA v State Information Technology Agency (Pty) Ltd (D 312/2012) [2015] ZALCD 3 (26 March 2015)
- Madalane v Van Wyk (87/2015) [2016] ZASCA 25 (18 March 2016)
- Malherbe v S (1182/2018) [2019] ZASCA 169 (29 November 2019)
- Martin K Holdings (Pty) Ltd v Nedport Developments (Pty) Ltd (D 4299/2020) [2021] ZAKZDHC 1 (27 October 2021)
- Matemeku Petroleum (Pty) Ltd v Shell Downstream SA (Pty) Ltd and Another (22196/2019) [2022] ZAGPJHC 479 (2 August 2022)
- Mayelane v Ngwenyama and Another [2013] ZACC 14 (30 May 2013)
- Miles and Another v Miles and Another (36838/21) [2021] ZAGPJHC 172 (25 November 2021)
- Minister of Police v Mboweni and Another (657/2013) [2014] ZASCA 107 (5 September 2014)
- Minister of Public Service and Administration v Ngwenya (645/2011) [2012] ZASCA 109 (29 August 2012)
- Mothloung v Passenger Rail Agency of South Africa (32030/13) [2022] ZAGPJHC 29 (10 February 2022)
- Mr W v Mrs B (2020/19107) [2022] ZAGPJHC 1286 (23 May 2022)
- Mr W v Mrs B (2020/19107) [2023] ZAGPJHC 1347 (23 May 2023)
- N C v C C (2023-110823) [2024] ZAGPJHC 1566 (12 March 2024)
- N N and Another v Minister of Home Affairs and Another (EL1252/2020) [2022] ZAECELLC 33 (20 September 2022)
- N P v J P (39676/16) [2023] ZAGPPHC 1306 (22 November 2023)
- N W v N W (2019/7644) [2023] ZAGPJHC 1493 (7 November 2023)
- N v N (094387/23) [2024] ZAGPPHC 411 (22 April 2024)
- N v N (44446 / 2021) [2024] ZAGPPHC 412 (12 April 2024)
- N v S (65338/15) [2017] ZAGPPHC 146 (11 August 2017)
- ND v PT (25792/20) [2022] ZAGPJHC 7 (18 January 2022)
- Nakasote v Mulenga and Others (12300/20) [2021] ZAGPJHC 30 (10 February 2021)
- Ndllovu and Another v Minister of Home Affairs and Another (EL1252/2020) [2022] ZAECELLC 20 (20 September 2022)
- Ndlovu v S (925 of 2016) [2017] ZASCA 26 (27 March 2017)
- Ngxukume v Minister of Police (434/2020) [2023] ZAECMHC 66 (28 November 2023)
- Nkonwane v S (CA 49/20) [2024] ZANWHC 90 (28 March 2024)
- O M v M C (2022/031103) [2023] ZAGPJHC 203 (3 March 2023)
- O S v S S (D 7960/2019) [2022] ZAKZDHC 48 (18 February 2022)
- Olivier v Olivier and Another (15759/2015) [2022] ZAGPPHC 1065 (28 November 2022)
- Omar v Amod (7087/20) [2021] ZAGPJHC 59 (6 September 2021)
- P H K v S (A67/2022) [2022] ZAFSHC 165 (13 December 2022)
- P N v B M (427/2021) [2023] ZAGPJHC 1259 (26 October 2023)
- P N v S (A192/2023) [2024] ZAGPPHC 331 (28 March 2024)
- P S v A S (14812/20) [2022] ZAGPPHC 962 (3 June 2022)
- PEJ v S (A135/2021) [2022] ZAFSHC 129 (1 September 2022)
- Petre v Goosen (2023-054537) [2023] ZAGPJHC 1183 (17 October 2023)
- Phillipa Susan van Zyl NO v Getz (548/2019) [2020] ZASCA 84 (6 July 2020)
- Potgieter v Potgieter (215/2006) [2007] ZASCA 47 (30 March 2007)
- Premier of the Western Cape Provincial Government NO v Lakay (184/2011) [2011] ZASCA 224 (30 November 2011)
- President of the RSA and Another v Women’s Legal Centre Trust and Others; Minister of Justice and Constitutional Development v Faro and Others; and Minister of Justice and Constitutional Development v Esau and Others (612/2019) [2020] ZASCA 177 (18 December 2020)
- Principal, Mbilwi High School and Others v RM OBO OM (633 of 2016) [2017] ZASCA 72 (1 June 2017)
- R A v H A (51793/2021) [2024] ZAGPJHC 137 (12 February 2024)
- R C v D C (40030/20) [2021] ZAGPJHC 373 (26 November 2021)
- R C v H C (A5033/22) [2023] ZAGPJHC 272 (14 March 2023)
- R D v K D (16995/22P) [2023] ZAKZPHC 2 (13 January 2023)
- R K v M K (20413/2022) [2024] ZAGPPHC 158 (20 February 2024)
- R O v L O and Others; In re: L O and Others v R O and Others (11719/21) [2022] ZAGPPHC 839 (17 June 2022)
- RHC v SC (43989/14) [2021] ZAGPJHC 420 (14 December 2021)
- Ranchod v Chhita (22143/18) [2022] ZAGPJHC 594 (22 August 2022)
- Rayment and Others v Minister of Home Affairs and Others ; Anderson and Others v Minister of Home Affairs and Others (CCT 176/22) [2023] ZACC 40 (4 December 2023)
- Roberts and Others v Roberts and Another (3451/2021) [2022] ZAFSHC 27 (12 May 2022)
- S M v T (20/33629) [2023] ZAGPJHC 712 (13 June 2023)
- S A v M A and Others (12659/2009) [2012] ZAWCHC 401 (20 August 2012)
- S B v C B (6540/2023) [2023] ZAFSHC 245 (11 December 2023)
- S H P v S P (6700/2018) [2023] ZAWCHC 88 (30 June 2023)
- S N obo S M v MEC for Health and Social Development of the Gauteng Provincial Government (Y69426/2019) [2023] ZAGPPHC 921 (16 August 2023)
- S S v V V S [2018] ZACC 5 (1 March 2018)
- S T v B N and Another (2020/26471) [2022] ZAGPJHC 943 (2 February 2022)
- S v Ackerman (SS090/2021) [2023] ZAGPJHC 383 (24 April 2023)
- S v Adam (B34/23) [2023] ZAECGHC 34 (21 April 2023)
- S v Beale (A283/18) [2019] ZAWCHC 115 (3 May 2019)
- S v Botha (22/2022) [2023] ZAECGHC 37 (28 April 2023)
- S v C P (CA & R 31/2023) [2023] ZANCHC 64 (5 October 2023)
- S v Chauke (A 139/20) [2022] ZAGPJHC 295 (15 March 2022)
- S v E A (A31/2020) [2023] ZAGPPHC 906 (7 August 2023)
- S v Geldenhuys (470/2007) [2008] ZASCA 47 (31 March 2008)
- S v Hibbers and Another (SS 89/2017) [2018] ZAGPJHC 989 (20 December 2018)
- S v Ishwarall and Another (CC 103/2015) [2018] ZAKZDHC 55 (8 November 2018)
- S v J (695/2010) [2010] ZASCA 139 (19 November 2010)
- S v J N (Review Judgment) (12/2011) [2012] ZANWHC 24 (2 January 2012)
- S v Jansen (229/2014; 40043/2014) [2015] ZASCA 151 (2 October 2015)
- S v Jantjies (CC42/20) [2022] ZAWCHC 148 (6 October 2022)
- S v Jezile and Others (A 127/2014) [2015] ZAWCHC 202 (23 March 2015)
- S v LL Nkoto (A 44/2021) [2022] ZAFSHC 22 (12 May 2022)
- S v Lewis-Springfield (CA&R 40/2022) [2022] ZANCHC 46 (4 October 2022)
- S v Lolwane (CA28/2022) [2024] ZANWHC 32 (16 February 2024)
- S v M (A343/2018) [2019] ZAWCHC 116 (14 May 2019)
- S v M M A (A153/2022) [2023] ZAGPJHC 89 (7 February 2023)
- S v Madinga (30/2022) [2023] ZAECELLC 31 (15 September 2023)
- S v Makgobo (A121/2023) [2023] ZAWCHC 143 (8 September 2023)
- S v Mphahlele (SS 111/2021) [2023] ZAGPJHC 811 (14 July 2023)
- S v N C (285/2018) [2019] ZASCA 50 (1 April 2019)
- S v Ntakatsane (Sentence) (26/2023) [2023] ZAECGHC 106 (27 October 2023)
- S v P W (CA 7/2022) [2022] ZANCHC 21 (20 May 2022)
- S v R B and Another (1/2023) [2023] ZAGPJHC 1487 (16 November 2023)
- S v S (CCT 63/10) [2011] ZACC 7 (29 March 2011)
- S v Saunders (Leave to Appeal Ruling) (41/454/2019) [2023] ZAKZNRD 1 (13 March 2023)
- S v Saunders (Sentence) (41/454/2019) [2023] ZAKZNRD 3 (14 February 2023)
- S v Sebotsa (A108/2022) [2023] ZAFSHC 93 (7 June 2023)
- S v Singana (CA&R 54/2015) [2015] ZAECPEHC 9 (4 March 2015)
- S v Stander (37/2012) [2012] ZAECPEHC 22 (30 March 2012)
- S v Suleiman (A45/2023) [2023] ZAFSHC 132 (15 August 2023)
- S v Swanepoel (CA&R 90/2022) [2023] ZAECGHC 63 (27 June 2023)
- S v Zikhali (Sentence) (CC15/2023) [2023] ZAGPPHC 1215 (10 August 2023)
- SAT v GJT (22224/2019) [2022] ZAGPJHC 1095 (4 November 2022)
- Shange v MEC for Education, Kwazulu-Natal (15860/2008) [2011] ZAKZDHC 28 (17 June 2011)
- Sofuthe obo A S v Member of the Executive Council for the Department of Health Eastern Cape Province (2728/2019) [2023] ZAECMHC 37 (4 July 2023)
- Solombo v Tsolo and Others (036724/2023) [2023] ZAGPPHC 753 (3 July 2023)
- Stevenson v Rampulane (000763/2024) [2024] ZAGPPHC 62 (26 January 2024)
- Stoffberg obo Xaba v Road Accident Fund; Keetse obo Matshidi v Road Accident Fund; Keetse obo Miambo In re Miambo v Road Accident Fund (58068/13; 6199; 7891) [2018] ZAGPPHC 271 (10 April 2018)
- T D v C D (2023-063599) [2023] ZAGPPHC 819 (25 July 2023)
- T E v V E (2023/021747) [2024] ZAGPJHC 94 (2 February 2024)
- T J v A D (AR 458/2010) [2011] ZAKZPHC 31 (19 May 2011)
- T K and Another v L K and Others (2022/17006) [2023] ZAGPJHC 1268 (26 October 2023)
- T N v Z M (CA114/2022) [2023] ZAECGHC 60 (23 May 2023)
- T R v S M (035901/2023) [2024] ZAGPJHC 39 (17 January 2024)
- TSF v SCD (15250 of 2019) [2020] ZAGPJHC 515 (27 September 2020)
- Theodorellis v Theodorellis NNO and Others (1916/2023) [2023] ZAFSHC 107 (2 June 2023)
- Tshabalala v S (Commissioner for Gender Equality and Centre for Applied Legal Studies as Amici Curiae); Ntuli v S [2019] ZACC 48 (11 December 2019)
- U R v Besesar and Others (2024-001357) [2024] ZAGPJHC 79 (25 January 2024)
- V V and Another v Minister of Social Development and Another [2023] ZACC 21 (29 June 2023)
- Van Heerden v Regional Court Magistrate, Paarl and Others (883 of 2015) [2016] ZASCA 137 (29 September 2016)
- Van Wyk and Others v Minister of Employment and Labour and Others (2022/017842) [2023] ZALCJHB 2 (25 October 2023)
- Van der Burg and Another v National Director of Public Prosecutions [2012] ZACC 12 (12 June 2012)
- Van der Westhuizen v Road Accident Fund (3806/2018) [2023] ZAECPEHC 3 (1 February 2023)
- Various Parties obo Minors v Anglo American South Africa Limited (2020/32666) [2023] ZAGPJHC 1529 (14 December 2023)
- W J v S C (43927/18) [2019] ZAGPJHC 127 (11 April 2019)
- Waterkloof Boulevard Homeowners Association v Yusuf and Another (028945/2022) [2023] ZAGPPHC 963 (28 August 2023)
- Women’s Legal Centre Trust v President of the Republic of South Africa and Others [2022] ZACC 23 (28 June 2022)
- X and Another v Minister of Social Development and Another (27706/21) [2022] ZAGPPHC 726 (24 February 2022)
- Y D (Now M) v L B (465/2009) [2010] ZASCA 106 (17 September 2010)
- Y M v T M (26526/2022) [2023] ZAGPPHC 796 (13 July 2023)
- Z v Z (556 of 2021) [2022] ZASCA 113 (21 July 2022)
Legislation 24
- Basic Conditions of Employment Act, 1997
- Births and Deaths Registration Act, 1992
- Child Care Facilities
- Child Justice Act, 2008
- Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007
- Customary Initiation Act, 2021
- Department of Social Development: Directions to Prevent and Combat the Spread of COVID-19
- Directions Regarding the Phased Return of Children to Early Childhood Development Programmes and Partial Care Facilities
- Directions to prevent and combat the spread of COVID-19
- Disaster Management Act: Regulations relating to COVID-19
- Disaster Management Act: Regulations relating to COVID-19
- Immigration Regulations, 2014
- Intestate Succession Act, 1987
- Legal Aid South Africa Act, 2014
- Legal Aid of South Africa Regulations, 2017
- Limpopo Initiation Schools Act, 2016
- Prevention and Combating of Trafficking in Persons Act, 2013
- Prevention and Combating of Trafficking in Persons Regulations relating to Prosecutor's Referral of Suspected Victims of Trafficking in Persons, 2015
- Refugees Act, 1998
- Refugees Regulations, 2018
- Regulations under Section 43(3) of the Prevention and Combating of Trafficking in Persons Act 7 of 2013
- Social Assistance Act, 2004
- South African Citizenship Act, 1995
- Western Cape Commissioner for Children Act, 2019