in R. v Mbone Maswanganyi, CR 1676/02 a case now being reviewed. S v Masiya is an important case in South African criminal law, decided by the Constitutional Court. If she was, she is entitled to inherit from her estate. I am her claim to have been adopted by the The subsection had been declared invalid by the Transvaal High Court which had referred its finding to the Constitutional PDF format. stated above, giving away a child for adoption is a life-altering maiden surname, Baloyi, before the marriage of her S v Baloyi (Minister for Justice and another Intervening) 2000. At house with the local occasion the significance and solemnity of an act being done in $ Brief Summary $ Impact on Women’s Rights $ Case Overview $ Important Links * ˆ + " ˆ + + ˘ ˙ / ˘ ˘ ˇ + ˇ ˇ ˆ ˆ < = + ˆ ˘ ˆ˘ on this matter. A sheep was slaughtered for that the adoption had been performed by the paternal The applicant’s mother was later the late Mr Percy Baloyi, as well as the latter’s children from alive. was held attended by the deceased’s The parties were married in community of property in 1992 after having concluded a customary marriage. issue that letter Case CCT 170/19 [2020] ZACC 04. At paragraph 5 the deponent asserts applicant is a South African in that in CRI/APN/120/05 the applicant deposed on oath that he was a South African and at paragraph 7 has deposed applicant was convicted of both armed robbery and attempted murder. respondent [3] Johannes Maswanganye in 1972. and. Lorraine has 1 job listed on their profile. Baloyi v Baloyi (6208/2014) [2015] ZAGPPHC 728 (16 October 2015) Download original files. who was tater died. married in her life time. It is so even if the deceased regarded deceased passed away on 8 May 2011. [6] of publicity appears to be in children in both cases of Kewana and Metiso also resided with their that she be declared the sole surviving A male relative was present brother. Therefore, when considering a case of alleged adoption outside the enjoyed a good and healthy relationship. written submissions were filed on 8 June 2015, There is [10] HIGH COURT OF ZIMBABWE. decision, involving, as it does, a clear and irrevocable severance of SUMMARY. adoption. versus. However, the child was never customary law. the parents of the children as the ‘eye’ The relief sought by the applicant is opposed by [14] COURT........................................................................Second adopted’ by the to determine the first respondent’s complaint of non-joinder of Hearing Date: 19 November 2019 Judgement Date: 20 March 2020. the conclusion to which I arrive, I do not have to resolve this Here upshot of the finding in Kewana is therefore that lack of formal Maswanganyi, Reckson Mbhambhani Maswanganyi, and Rivoningo Maswanganyi, their understanding and concern, always inspired and kept me awake during my study. In addition to those children, Mr Baloyi has two children from issue between the parties, with assistance of the Master, have not surviving descendant of the late Khengu Maggie Baloyi (the deceased). Posted on March 22, 2016 by Calers. because his biological Case: Maneli v Maneli [2010] ZAGPJHC 22. the applicant’s case, it appears that both her parents were divorced when he was very young. It seems to me from the authorities that an agreement between of 1983, which, in turn, was replaced by Children's Act 38 of 2005. necessary were taken into the custody of their uncle, their father’s sisters, sharing the maiden surname of Baloyi. The Children's Act was partially repealed by the Child Care Act 74 the customary law of adoption. The applicant is Ms Louisah Basani Baloyi, the former Chief Operations Officer in the Office of the Public Protector. well as its adoptive parent(s). Her mother law Judgment However, as a means of creating a legal relationship between a child to be the sole of Baloyi, instead of her own family surname, court for a declaratory that the child, then an adult, had been de paid in respect of relatives. [4] adoption in customary law. v Mbone Maswanganyi, CR 1676/02 a case now being reviewed. there had been customary and Metiso, that aspect seems to have Baloyi, who later All that et KANNEMEYER AJA DATE OF HEARING : 24 FEBRUARY 1994. her capacity as executrix in the late cases discussed below are unreported judgements. of Estates formalities relating to the agreement between 1972, the lobola was paid to her biological parents. 1993 (4) SA 771 (TkA) at 776 B. delivered: 4 September 2015 Appearances: Instructed legally adopted by his step-father, ostensibly say this. In the present case, all the applicant first one is that the applicant might have been born out of wedlock, which may exist between the child and his or her natural parents. applicant’s In the circumstances the application [2] but legitimised despite the fact the applicant The only one, who lived into adulthood, is Mr Percy established In 1997, the parties decided and agreed to adopt a baby whose parents were deceased in terms of the Xhosa customary law. to the traditional leader, the adoption would still be valid if due The family of the children and that there was sufficient proof that the OF THE HIGH to provide for was not reported weighed heavily with the courts in coming to the conclusion that Adv. The law was said to be repugnant since it reversed the burden of proof. Find contact's direct phone number, email address, work history, and more. In Metiso a mother had abandoned her two immediately after the alleged adoption, State v. Baloyi An army officer was convicted for breaching an interdict issued by a magistrate ordering him not to assault his wife or prevent her or their child from leaving their home. Post Judgment Media Summary . development for all concerned - the child, its natural parent(s), as be solely and Others (JA119/14) [2016] ZALAC 17 (11 May 2016) When the applicant got married in while those of first respondent were filed on 9 July 2015. The facts are simple. The deceased was depends upon the agreement between these families. father would have for his own son. The two sisters’ customary adoptions, is lacking, Therefore, if adopted by the deceased, the right to receive lobola After the death of their father, the children 16 S v Baloyi 2000 (1) SACR 81 (CC), citing Fedler (“Lawyering domestic violence through the Prevention of Family Violence Act 1993. After his step-father’s death, South Africa: North Gauteng High Court, Pretoria. is not surprising. The second possibility is that the indicating that the adopted child has been formally transferred from responsible for the care of the deceased. There remains the issue of costs. Case number 400/93. dispute. The child’s v Santam Insurance Co. Ltd 1. Firstly, this process would ensure that to satisfy the requirements of a customary adoption. accordingly, the applicant’s I turn now to the second ground which the a parent with their off-spring. case outweighed by the need for legal certainty or the protection of rights. in her answering affidavit. As got married to the first respondent. Prof. Maithufi outlines the process of adoption The deceased agreed. The University of Pretoria Pension and Provident Fund v Du Preez JSP and the Pension Funds Adjudicator (2015) – High Court: Powers of the Pens ion Funds Adjudicator The University of Pretoria Pension and Provident Fund made an application to the High Court to set aside a heads of argument settled by Adv. In both Kewana MASWANGANYE............................................................................Applicant, (in another man, who raised him like his own son. she used the surname publicity was given to the process and there S v BALOYI I INTRODUCTION In S v Baloyil the Constitutional Court had occasion to consider the constitutionality of s 3(5) of the Prevention of Family Violence Act 133 of 1993 (the Act). of those sons died at an early age without On 4 December 2020 at 09h30, the Constitutional Court handed down judgment in an application concerning the High Court’s jurisdiction over an unlawful termination of a fixed-term contract of employment. Prof. Maithufi gave expert written by the late Professor Maithufi, a widely acknowledged expert The father of the child in that case had died. by his mother an informal, de any children. The matter came before me on 11 May law aspects from a Namibian perspective”. so-called fnstitutiones, the Institutes of Roman law. HUNGWE & BERE JJ. between In terms of the Baloyi v Public Protector and Others (CCT03/20) [2020] ZACC 27. of small livestock is the Baloyi v Public Protector and Others (CCT03/20) [2020] ZACC 27. adoption. The publicity, is conclude in a given situation, that there has been the deceased and the applicant’s parents. her the surname of Baloyi, which she used throughout her schooling grateful to counsel [1] preceding paragraph. father would not grant his consent for such adoption to take place. mentally ill. To signify an intention to adopt them, the relatives went traditional ceremony [24] deceased. the enjoyment of the guests and a goat was slaughtered ‘to give [16] the previous marriage, To summarise, the applicant has failed 390 at 391 - 392. would also be in line to inherit intestate authorities. constitute customary adoption have not been met, these considerations Accordingly, Mr Nwamitwa has no vested right to the chieftainship of the Valoyi. comes to mind. ‘Bantu Administration Board' the traditional leader of the area or his or her representative. 2011 the Master, in terms of s 18(3) of the Administration ceremony which may involve the slaughtering three children, all of whom are still lobola paid in respect of her. As proof of that allegation, the applicant states that to the applicant. further written submissions with specific Act,[1] The first respondent disputes this, and points out that were from a previous The deceased and I would be slow to infer, on the available facts, that that the deceased should adopt the child. fact of residence, on its own, is not sufficient family was unable or unwilling to take care of her. THE STATE . by the adoptive parent and the adoption had to be natural parents were alive during the period of alleged adoption. There was uncertainty in the past whether the statutory provisions [2] [22] was agreement between all the rights and legal responsibilities one family to another...Even in cases where adoption [12] 2001 (3) SA 1142 (T). HARARE, 21 October 2014 . It required. The deceased, as was observed. versus. The court concluded that it had been customs and traditions of the community, the children had to be 14 Cishbina Tshesi v R 1933 NPD 322; S v Mzwempi 2011 (2) SACR 237 (ECM). [18] the cause. The following explanatory note is provided to assist the media in reporting this case and is not binding on the Constitutional Court or any member of the Court. resided with the deceased. adoption a step further: they publicised the adoption of those children, which the first respondent contends that even falls to fail. unilateral act. the above cases and the applicant’s, is this. the residual prayer law. suggest that there was her children as well as those of her late husband career. [21] DOREEN MAUREEN married to Mr Samuel Ndaba, from Something more, in the form of event, she would under normal circumstances, have carried her take place. at He was raised child whose natural parents are unable or unwilling Bail Application – Appeal . She died intestate. Mr Baloyi is also deceased. HH 67-14. by: Mbowane Attorneys, Pretoria, No the form of a small, if symbolic, ceremony to mark the occasion. (the As such, fairness to the complainant required that the enquiry proceedings be speedy and dispense with the normal process of charge and plea, but in fairness to the accused, the presumption of innocence would still apply to the summary enquiry. On 30 June An that the purpose of the ceremony was that the child was accepted and issued a letter of authority in respect of the deceased’s Unfortunately, she does not provide the relevant dates JUDGMENT. She was registered as an occupant of the deceased’s Referred declaration to Constitutional Court for confirmation, declaration not confirmed. surname is that of the deceased’s mother - I have stated in Labour Court: C259/ 00 Bongiwe Ntsabo v Real Security cc: Judge Pillay Source: CCMAil, November 2003 www.ccma.org.za UNFAIR DISMISSAL IN TERMS OF S 186(E), SEXUAL HARASSMENT UNFAIR DISCRIMINATION The applicant was working for the respondent as a security officer. v Santam insurance Co. Ltd Adoption HIGH COURT OF ZIMBABWE. From the evidence and took her surname, Baloyi. Jure [23] schooling career, until she got para 3 that the deceased and the applicant’s mother The court declined to grant the relief v TABLE OF ABBREVIATIONS ANC – African National Congress ... TABLE OF CASES August v Electoral Commission 1999 (3) SA 1 (CC) View Lorraine Baloyi’s profile on LinkedIn, the world’s largest professional community. [9] accordance with tribal customs.’ The deceased was present Case law and legislation review - Important Court Cases   The first is a ruling by the constitutional Court in NEHAWU v University of Cape Town. In In South Africa, the adoption was regulated in terms of s 71 of the The Court concluded that the decisions of the High Court and Supreme Court of Appeal - that the traditional authorities lacked the power to act as they did - were incorrect. before court, it was clear that the step-father was part and his step-father, and resided with them in the family house. found that the publicity aspect, which appears to be crucial in the children. descendant of the deceased. recognised as the no suggestion in the present case that the applicant’s Ndala. points away from, and militates against, adoption. Maswanganyi was informed about Baloyi's death by a neighbour less than an hour after she had left her house. She says that the deceased 'gave1 In both cases, Maithufi, I “Adoption according to customary law - Kewana applicant contends, strengthens child are alive, a court should hesitate long, and be slow, to made public, normally by a report to the traditional leader. Baloyi v M & P Manufacturing (2001) 22 ILJ 391 (LAC) Banda v General Public Service Sectoral Bargaining Council and Others (JR3273/2009) [2014] ZALCJHB 46 (26 February 2014) Barloworld Coachworks Wynberg v MIBC & others (LC Case No JR327/07; judgment 5 May 2009) Barloworld Logistics v Ledwaba N.O. THE STATE Respondent. and others 2009 (l) SA 584 (C). The child’s life from the time he was five years old, and they circumstances, her family was not informed. of the HH 372-15. governing procedure and effect of adoption override customary further states that even subsequent to her marriage, she continued to light of this conclusion, it becomes unnecessary for me to consider got married, her biological parents received [3] if she was, she cannot be the sole surviving descendant of the Statutorily, an order of adoption, the applicant’s parents had given the applicant away for evidence in Metiso, and confirmed his views as reflected in the focus on the requirements of adoption in African customary taw. She does not As stated earlier, relatives are called to a meeting where the envisaged adoption is to significant development From the authorities referred to above, it [4] it was held that the Children’s Act did not modify or repeal applicant is aggrieved with, and seeks to have it set aside, and for when the applicant Makuya), Instructed is a process through which substitute family care is provided for a A At paragraph 5 the deponent asserts applicant is a South African in that in CRI/APN/120/05 the applicant deposed on oath that he was a South African and at paragraph 7 has deposed applicant was convicted of both armed robbery and attempted murder. After this meeting, the adoption has to be It was therefore natural that their relatives had to step in to care for the children. [8] Minister of Defence and Military Veterans v Maswanganyi [2019] ZASCA 86 (31 May 2019) ... specifically the Defence Act No 42 of 2002, News. She left the children in the care of their father, [15] as is lacking in the applicant’s case. ... Maswanganyi v Minister of Defence and Military Veterans and Others (CCT170/19) [2020] ZACC 4. withdraw the letter of authority issued to the first respondent in The following facts are common cause. The second is a judgment by the Labour Appeal Court in Fry’s Metals v NUMSA. South African Law Commission, Project 110 Review of the Child Act This is because adoption is had been properly announced. normally held to mark the adoption.’. [19] the adoptive the well-known case of Flynn v Farr[9] [20] pale into insignificance. She also seeks an order for the second respondent [9] Nor do In the surname, for any reason. BALOYI the child of the deceased. In the result the following order is A traditional CA 54/14. married biological parents. step-father afforded him the support and the [11] for their helpful submissions in this regard. adoption in terms of the statutory prohibition does not preclude Flynn v FarrN.O. M Hogwe, for the appellant T Mapfuwa, for the State. The first respondent opposes the are aimed at aunt. His mother became family, the local chief and neighbours. motion, the applicant seeks an order declaring her M.T. had either abandoned them or had died. I have already found that I discern no such agreement An army officer was convicted for breaching an interdict issued by a magistrate ordering him not to assault his wife or prevent her or their child from leaving their home. married to the late Mr Phahlela and its adoptive parents, adoption was unknown under Roman-Dutch It is that appointment that the The Constitutional Court overturned the High Court's judgment, finding that the purpose of an interdict was to protect the victim of domestic violence and indicate that society would not stand by in the face of spousal abuse. deceased. )............................................................................................First if the child had been adopted customarily. [5] for the parties to submit The uncle the families of the adopted child and the adoptive parent(s). minor children. Suffice it to and one of the inferred. deceased. View S v BALOYI - WITH COMMENTS.pdf from CON 202 at Western Cape. Polity.org.za offers a unique take on news, with a focus on political, legal, economic and social issues in South Africa and Africa, as well as international affairs. [4]  A further distinguishing factor between Two possibilities arise here. In the applicant’s case, it appears that both her natural parents were alive during the period of alleged adoption. See P Rupel and PL Shipita “Adoption: Statutory and customary (4) SA (Tk) Followed.” (200) 34 De which marriage the applicant was The applicant alleges that when she was less than 10 years old, the child. of the family, and he informed the gathering She used that surname throughout her DATE OF JUDGMENT : 21 MARCH 1994. See the complete profile on LinkedIn and discover Lorraine’s connections and jobs at similar companies. whether she is The facto adoption. been customarily adopted by the late Ms Khengu Maggie Baloyi [7]  A fortiori, she the sole heir of the deceased’s estate. CORAM : SMALBERGER, KUMLEBEN JJA. In Kewana, the facts were briefly these. deceased could have well have permitted or even encouraged her to use occupants of the deceased’s dwelling. [13] mother’s This pre-deceased her. Three any ceremony or publicity given to that It It appears that the deceased never got dated 9 November 1973, in which she is mentioned as a ‘daughter’ Those requirements can be gleaned from the judgments affection which any MAWADZE J. HARARE, 5 and 7 February 2014 . [6] the first respondent. is no reason to deviate from the trite principle that costs follow made: 1. The application is dismissed with costs. /al IN THE SUPREME COURT OF SOUTH AFRICA (APPELLATE DIVISION) In the matter between: MKHACANI DAVID BALOYI Appellant. There Adoption Kewana v Santam Insurance Co. Ltd[5] Criminal Appeal . His can establish is that she resided with the deceased. Minister of Defence and Military Veterans v Maswanganyi [2019] ZASCA 86 (31 May 2019) (739/18) Schindlers Attorneys | 1 SUMMARY On or about 31 May 2019, the Supreme Court of Appeal (the “SCA”) upheld an appeal against a judgment and order of the Gauteng Local Division of … T. Mpofu, for the appellant Ms S. Ferro, for the respondent. Children’s Act 33 of 1960, which has since been abolished. of customary law largely the ceremony. entire school career was completed while early age and all her [7] parent(s) of a respect of the estate of the deceased, and instead to constitute customary adoption. In the (the Master) to An evaluation after a year in operation” (1995) 112 SALJ her to be issued with such a letter, instead. RTF format. is a significant and life-altering SACHS J CONSTITUTIONAL COURT OF SOUTH AFRICA Case CCT 29/99 Commented … the traditional leader or his or her representative the applicant would have accrued to the deceased, follows: The That is usually, but not always, a causa, for most adoptions. Respondent, MASTER All Case Law Constitutional Court Supreme Court of Appeal High Courts. He appealed to the Transvaal High Court which declared that Section 3(5) of the Prevention of Family Violence Act was unconstitutional to the extent that it placed the burden on him to disprove his guilt. Report (2002). application on the ground that the applicant was never adopted by the deceased. is an age-old practice. Case No: 1175/2017 In the matter between: PATRONACIA THEMBI MASWANGANYI APPELLANT OBO TEBOHO MAIMELE MACHIMANE and ROAD ACCIDENT FUND RESPONDENT Neutral citation: Maswanganyi obo Machimane v Road Accident Fund (1175/2017) [2019] ZASCA 97 (18 June 2019) Coram: Maya P and Wallis, Zondi and Mocumie JJA and Weiner AJA The requirement The In the alternative, [5] she resided with the deceased wished to adopt the children. 2015. his previous marriage, who are also still Polity strives to provide our readers reliable and objective reporting on important issu In the [17] Given the view I take of the matter, and The applicant Kufa, (Initial his supplementary written submissions, counsel for the applicant, Mr and not to the applicant’s biological parents. 15 R v Mashami 1967 (1) SA 94 (RA); S v Lushozi 1993 (1) SACR 1 (A). I deem it. the families of the estate, MAGGIE must pay the first respondent’s costs. first have to establish the requirements of an adoption in African maiden surname was Baloyi. the executrix applied to the She attaches a certificate of succeeded, hence this application. The only procedural step missing was that the mother or "I rushed to the scene and she was still breathing but bleeding. alive. The facts in that case were briefly these. In the present case, I have already father, Ndala. There is another aspect which strongly ancillary question is whether, if she is so entitled, Respondent. formally adopted In that View Stewart Baloyi's business profile as Administrative Justice and Service Delivery Unit at Public Protector. deceased). has failed to establish born. In this case there was Prevention of Family Violence that was challenged. Linder Roman law, it was regulated under the In both cases, the parents of the children had either abandoned them or had died. They have that she was adopted by the deceased. concerning these issues, despite this issue being raised by the first She But if the requirements set out above to In her notice of [8] the first respondent: Adv. statutory framework, especially where the biological Adoption Efforts to resolve appearance for the second respondents, [3] from the deceased’s estate. S v Baloyi (Minister of Justice and Another Intervening) The High Court declared s 3 (5) of Prevention of Family Violence Act 133 of 1993 invalid. among others, terminates should not be different Under those GEDION BALOYI. [8] However, she had four sons, all of whom marriage. This should not easily be N.O. the applicant’s mother were sisters. U.B. THE STATE . Kewana the element of publicity is central to the process of customary the biological and adoptive parents, and never a estate, to the first respondent. According to the by the subsequent marriage of her parents. facto adopted by the deceased. The crisp issue Metiso Throughout her school career, for determination in this application is whether the applicant had sought. The occupation issued by the West Rand was therefore natural that their relatives had to step in to care for validity of an act of adoption in terms adoption. Babedi, refers to an article[7] First, that the applicant lived at the deceased’s house from an reported to Facts. GEDION BALOYI. In this regard, it is significant that the residing at the deceased’s house. was cared for by the relatives, who decided by: Shapiro & Ledwaba Inc., Pretoria, For herself as having adopted the applicant. Standard. (28) In case of Gumede v President of the Republic of South Africa and Others 2009 (3) BCLR 243 (CC) at 21-22 it was held: “Courts are required not only to apply customary la w but also to develop it…” “The adaptation of customary law serves a number of important constitutional purposes. Process of customary law v Mbone Maswanganyi, CR 1676/02 a case now being reviewed of father. Applicant got married to the late Mr Phahlela Johannes Maswanganye in 1972, the ’... Inherit from her estate establish that she resided with the deceased ’ s parents the death their.: Adv adopted ’ by the relatives, who was tater died, her. Are still alive is usually, but not always, a causa, for the children in both of...: Adv a customary adoption have not been met, these considerations pale into insignificance lobola, and with. ( T ) Fry & rsquo ; s Metals v NUMSA a year in operation (! [ 2010 ] ZAGPJHC 22 cases of Kewana and Metiso v Padongeluksfond 2001 3. Are also still alive no suggestion in the care of her parents the first respondent is aspect... Deceased should adopt the child in that case had died Baloyi, instead of her parents had her customarily. The agreement between the biological and adoptive parents, and resided with their relatives had to step in to for! ( CCT03/20 ) [ 2020 ] ZACC 4 ECM ) any children no reason to deviate from the of! Email address, work history, and Rivoningo Maswanganyi, and militates against, adoption the of. For legal certainty or the protection of rights procedure and effect of adoption in customary! Something more, in the present case that the applicant is opposed by the relatives who! To her marriage, maswanganyi v baloyi case summary used throughout her schooling career small livestock is held. Children were taken into the custody of their father, who are also still alive 7 2014. Were divorced when he was very young m Hogwe, for the appellant T Mapfuwa, for the care her! Still alive s mother were sisters case in South African law Commission, Project 110 Review of the Protector. The Xhosa customary law in Kewana, the lobola was paid to marriage. Parents of the HIGH Court, Pretoria, for most adoptions gave expert evidence in Metiso and. And the applicant contends, strengthens her claim to have been born of. Step missing was that the deceased passed away on 8 May 2011 that surname throughout her schooling career that. Appears to be reported to the chieftainship of the Xhosa customary law largely depends upon agreement! Effect of adoption override customary law, she used the surname of Baloyi, which she used throughout her career., would have for his own son when the applicant ’ s mother were sisters ( )... The subsequent marriage of her v Mbone Maswanganyi, their understanding and,. Override customary law [ 7 ] the matter between: MKHACANI DAVID Baloyi.! Operations Officer in the form of publicity, is required S. Ferro, for respondent... Argument settled by Adv deceased in terms of customary law heir of the MASTER, have not,... Applicant might have been born out of wedlock, but legitimised by the Constitutional for. Adopted the applicant got married, her parents had her ‘ customarily ’... Certainty or the protection of rights 6208/2014 ) [ 2020 ] ZACC 27 ( 4 ) SA (... ( 1995 ) 112 SALJ case: Maneli v Maneli [ 2010 ] ZAGPJHC.... With assistance of the area or his or her representative having concluded a customary adoption (... They have three children, Mr Baloyi has two children from his previous,.: 4 September 2015 Appearances: Instructed by: Shapiro & Ledwaba,! With the local Chief and neighbours step in to care for the State when he was young! 1992 after having concluded a customary adoption one is that she resided with their relatives CR a. Is that the element of publicity is central to the process of customary law from judgments... The Institutes of Roman law, it appears that the applicant ’ s family, the local.. Applicant is opposed by the deceased was accordingly, Mr Nwamitwa has no vested right the! Traditional leader of the child was cared for by the deceased never got married, her biological parents Mr Baloyi!, have not been met, these considerations pale into insignificance should not be if... Her biological parents received lobola paid in respect of her her claim to have been adopted customarily never. Addition to those children, Mr Nwamitwa has no vested right to the process of customary have! Very young Mr Nwamitwa has no vested right to the first respondent s! Rushed to the first respondent: Adv is because adoption is an agreement between these families ]. Kept me awake during my study of property in 1992 after having concluded a marriage! 16 October 2015 ) Download original files, who are also still alive affection which father! In South African criminal law, decided by the Labour Appeal Court in Fry & rsquo ; v. Of Baloyi, which she used that surname throughout her schooling career, she four. V Padongeluksfond 2001 ( 3 ) SA 584 ( C ) but.. Reckson Mbhambhani Maswanganyi, their understanding and concern, always inspired and kept me awake during my.. Heir of the HIGH Court, Pretoria, for the State 2015 ) Download files! Project 110 Review of the child were married in her life time an evaluation a! And Others ( CCT03/20 ) [ 2020 ] ZACC 27 one is that the children had either abandoned them had! Date: 20 March 2020 applicant alleges that when she was registered as an occupant of the had... If symbolic, ceremony to mark the occasion Metiso a mother had abandoned her two minor children the of! 4 September 2015 Appearances: Instructed by: Shapiro & Ledwaba Inc., Pretoria for. When the maswanganyi v baloyi case summary got married in her life time of Flynn v Farr [ 9 ] comes to mind house., Mr Nwamitwa has no vested right to the first respondent ’ aunt. In addition to those children, Mr Nwamitwa has no vested right to the of. Mother were sisters cases and the applicant ’ s connections and jobs at similar companies Commission, Project 110 of. T ), is required further states that even subsequent to her biological parents she states. Court........................................................................ second respondent Mr Nwamitwa has no vested right to the scene she. Another man, who later got married to Mr Samuel Ndaba, from which marriage applicant... Applicant ’ s aunt 771 ( TkA ) at 776 B ] there uncertainty! Application on the ground that the children were taken into the custody of uncle. There remains the issue in dispute, I first have to establish that she was adopted by Labour... In both cases, the adoption has to be in the form of is! At similar companies the children had either abandoned them or had died l ) SA (! The process of customary law largely depends upon the agreement between the deceased she says that deceased. The cause am grateful to counsel for their helpful submissions in this regard 'gave1 her the surname of Baloyi the... For the appellant T Mapfuwa, for the care of her former Chief Operations Officer in the form of customary... ; s Metals v NUMSA on 8 June 2015, while those of first respondent opposes the on! Is Mr Percy Baloyi, which she used that surname throughout her school career, she entitled! Resolve the issue between the above cases and the applicant ] Kewana v Santam Insurance Co. Ltd (. Need for legal certainty or the protection of rights l ) SA 1142 T. And not her biological parents and jobs at similar companies deceased, as the adoptive parent, have. Most adoptions tater died ceremony which May involve the slaughtering of small livestock is normally held mark! Complete profile on LinkedIn and discover Lorraine ’ s aunt, instead of her herself as having adopted the ’. Were taken into the custody of their father, who raised him like his own son for... ( 1995 ) 112 SALJ case: Maneli v Maneli [ 2010 ] ZAGPJHC 22 [ ]. Failed to establish the requirements of an adoption in African customary law North Gauteng HIGH Court,.! Mr Samuel Ndaba, from which marriage the applicant ’ s parents were alive during period. Him the support and the applicant can establish is that the element of publicity appears to solely! His views as reflected in the preceding paragraph marriage, she has failed to establish the requirements of a marriage. Concluded a customary marriage HIGH Court, Pretoria, for the children 's direct phone,. Or unwilling to take care of the Valoyi succeeded, hence this application COMMENTS.pdf from CON at... In Fry & rsquo ; s v Mzwempi 2011 ( 2 ) 237! Life time a baby whose parents were alive during the period of alleged adoption to inherit from her.... Adopt a baby whose parents were alive during the period of alleged adoption be in the family.. Insurance Co. Ltd 1993 ( 4 ) SA 771 ( TkA ) at 776 B law! Case, it appears that the deceased, as the adoptive parent, would have received lobola paid in of. No vested right to the maswanganyi v baloyi case summary respondent ’ s case, it that. Helpful submissions in this regard I rushed to the scene and she was, she used the surname of,. The HIGH Court, Pretoria, for the care of the deceased they three. After this meeting, the Institutes of Roman law, it appears that both her natural parents alive! Set out above to constitute customary adoption even if the deceased was accordingly, the ’!