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

Summary of the facts

The biological father and sole guardian of the little girl is currently serving a prison sentence for culpable homicide. The victim of the culpable homicide was the biological mother. The paternal grandmother however was found guilty of the crime of accessory after the fact in assisting the child’s father after the homicide had taken place and was sentenced to two years imprisonment.

The paternal grandmother and her friend had taken care of the child since the death of her mother.

Legal issues

The child has been the subject of long drawn out legal battles in both the Children’s court as well as the High Court .On the 17th March a social worker removed the child on a form 4 procedure. This was done without considering the home circumstances of the child. At the time of the removal the child was not in need of care as defined by the Child Care Act. The removal was also conducted without a warrant from the Commissioner of Child Welfare.

Action taken

The CCL brought an urgent application since the child’s present living conditions before the removal took place were more than adequate and that there was no  danger to the welfare or safety of the child in allowing the child to remain in the home where she was cared for.

The psychologist involved as therapist of the child also advised that the sudden removal of the child will be to the child’s detriment.

“My opinion is that we will face in XXXX a withdrawal into a state of major depression if not the development of a disintegrated identity disorder condition. XXXX will in my opinion be affected on all levels of her development if she has to suffer another loss of a significant attachment figure”