- Flynote
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Uniform Rules of Court – rule 33(4) – stated case to determine
whether estate of deceased grandparent has duty to support grandchild – both parents alive – father’s whereabouts and financial means unknown – no facts showing mother’s support inadequate – not a proper case to decide legal issue separately under rule 33(4) – inappropriate to determine whether common law should be developed in terms of secs 39(2) and 173 of the Constitution to provide for said duty – order by court below two years after hearing without reasons –
improper – duty of Judge to deliver judgment expeditiously.
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Cited documents 9
Judgment 7
- Freedom of Religion South Africa v Minister of Justice and Constitutional Development and Others [2019] ZACC 34 (18 September 2019)
- Harvey NO and Others v Crawford NO and Others (1016 of 2017) [2018] ZASCA 147 (17 October 2018)
- K v Minister of Safety and Security [2005] ZACC 8 (13 June 2005)
- Mokone v Tassos Properties CC and Another [2017] ZACC 25 (24 July 2017)
- Mphahlele v First National Bank of South Africa Ltd [1999] ZACC 1 (1 March 1999)
- Mtokonya v Minister of Police [2017] ZACC 33 (19 September 2017)
- Thebus and Another v S [2003] ZACC 12 (28 August 2003)