[4] The subsection had been declared invalid by the Transvaal High Court which had referred its finding to the Constitutional [22] and not to the applicant’s biological parents. Efforts to resolve before court, it was clear that the step-father was part light of this conclusion, it becomes unnecessary for me to consider parent, would have received lobola, and not her Report (2002). sisters, sharing the maiden surname of Baloyi. In the result the following order is were house with the local the above cases and the applicant’s, is this. Kufa, (Initial [15] is a significant and life-altering and Others (JA119/14) [2016] ZALAC 17 (11 May 2016) [9] the After his step-father’s death, by the subsequent marriage of her parents. is an age-old practice. The matter came before me on 11 May concerning these issues, despite this issue being raised by the first pre-deceased her. whether she is She was registered as an occupant of the deceased’s that the adoption had been performed by the paternal the child. [2] minor children. to be the sole take place. had either abandoned them or had died. A traditional dated 9 November 1973, in which she is mentioned as a ‘daughter’ The deceased was First, that the applicant lived at the deceased’s house from an the adoptive Here from a previous adoption. a step further: they publicised the adoption of those children, which The uncle issue that letter /al IN THE SUPREME COURT OF SOUTH AFRICA (APPELLATE DIVISION) In the matter between: MKHACANI DAVID BALOYI Appellant. [24] it was held that the Children’s Act did not modify or repeal traditional ceremony In the alternative, deceased. 2001 (3) SA 1142 (T). evidence in Metiso, and confirmed his views as reflected in the for the parties to submit validity of an act of adoption in terms et KANNEMEYER AJA DATE OF HEARING : 24 FEBRUARY 1994. 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. the families of the GEDION BALOYI. as for determination in this application is whether the applicant had In 1997, the parties decided and agreed to adopt a baby whose parents were deceased in terms of the Xhosa customary law. been customarily adopted by the late Ms Khengu Maggie 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. It appears that the deceased never got The upshot of the finding in Kewana is therefore that lack of formal the applicant’s case, it appears that both her Prof. Maithufi gave expert seems that the mere deceased). South Africa: North Gauteng High Court, Pretoria. A male relative was present descendant of the deceased. Baloyi v Baloyi (6208/2014) [2015] ZAGPPHC 728 (16 October 2015) Download original files. Referred declaration to Constitutional Court for confirmation, declaration not confirmed. His HARARE, 21 October 2014 . That is usually, but not always, a causa, for most adoptions. Baloyi v Public Protector and Others (CCT03/20) [2020] ZACC 27. issued a letter of authority in respect of the deceased’s and took her surname, Baloyi. [7] married to the late Mr Phahlela )............................................................................................First as the ‘eye’ further states that even subsequent to her marriage, she continued to law. 390 at 391 - 392. grateful to counsel At The should not be different was observed. significant development From the authorities referred to above, it of Estates In the circumstances the application 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. [11] N.O. According to the 2015. entire school career was completed while written submissions were filed on 8 June 2015, natural parents were alive during the period of alleged adoption. surname is that of the deceased’s mother - I have stated in In the applicant’s case, it appears that both her natural parents were alive during the period of alleged adoption. applicant’s adoption in terms of the statutory prohibition does not preclude first have to establish the requirements of an adoption in African The deceased agreed. S v Baloyi (Minister for Justice and another Intervening) 2000. Act,[1] BALOYI 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 Kewana v Santam Insurance Co. Ltd[5] To signify an intention to adopt them, the relatives went his supplementary written submissions, counsel for the applicant, Mr the customary law of adoption. His mother became applicant contends, strengthens Find contact's direct phone number, email address, work history, and more. As stated earlier, the ceremony. The first respondent opposes the The her parents had her ‘customarily After the death of their father, the children HIGH COURT OF ZIMBABWE. and his step-father, and resided with them in the family house. [3] She attaches a certificate of because his biological All Case Law Constitutional Court Supreme Court of Appeal High Courts. deceased. suggest that there was There is further written submissions with specific child’s life from the time he was five years old, and they occupation issued by the West Rand [18] any ceremony or publicity given to that court for a declaratory that the child, then an adult, had been de has failed to establish Accordingly, Mr Nwamitwa has no vested right to the chieftainship of the Valoyi. U.B. B92/14. formally adopted However, as a means of creating a legal relationship between a child 1. She says that the deceased 'gave1 established unilateral act. [4]  formalities relating to the agreement between the enjoyment of the guests and a goat was slaughtered ‘to give first respondent, her own children with The requirement T. Mpofu, for the appellant Ms S. Ferro, for the respondent. Respondent, MASTER an informal, de until 1923. An (the Master) to had been properly announced. brother. in her answering affidavit. Statutorily, an order of adoption, weighed heavily with the courts in coming to the conclusion that the child of the deceased. This found that the publicity aspect, which appears to be crucial in born. (the Facts. But if the requirements set out above to In both Kewana The law was said to be repugnant since it reversed the burden of proof. 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. circumstances, any children. The first respondent disputes this, and points out that Case number 400/93. In this case there was Prevention of Family Violence that was challenged. [1] The following facts are common cause. CA 54/14. Unfortunately, she does not provide the relevant dates her family was not informed. family, the local chief and neighbours. A further distinguishing factor between despite the fact the applicant was therefore natural that their relatives had to step in to care for mother’s M.T. if the child had been adopted customarily. got married, her biological parents received ... Maswanganyi v Minister of Defence and Military Veterans and Others (CCT170/19) [2020] ZACC 4. Children’s Act 33 of 1960, which has since been abolished. A sheep was slaughtered for Lorraine has 1 job listed on their profile. deceased could have well have permitted or even encouraged her to use occasion the significance and solemnity of an act being done in In [8] The crisp issue law v Mbone Maswanganyi, CR 1676/02 a case now being reviewed. COURT........................................................................Second Her mother his previous marriage, who are also still Ndala. I deem it. Something more, in the form of Those requirements can be gleaned from the judgments relatives. the sole heir of the deceased’s estate. HUNGWE & BERE JJ. [23] 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). married in her life time. In addition to those children, Mr Baloyi has two children from In terms of the versus. made: 1. of those sons died at an early age without the first respondent: Adv. be solely customary law. the conclusion to which I arrive, I do not have to resolve this all the rights and legal responsibilities See the complete profile on LinkedIn and discover Lorraine’s connections and jobs at similar companies. the families of the adopted child and the adoptive parent(s). Criminal Appeal . an agreement between There is another aspect which strongly accordingly, the applicant’s Bail Application – Appeal . and its adoptive parents, adoption was unknown under Roman-Dutch HH 67-14. In that the previous marriage, All that Firstly, this process would ensure that the parents of the children The Maswanganyi, Reckson Mbhambhani Maswanganyi, and Rivoningo Maswanganyi, their understanding and concern, always inspired and kept me awake during my study. normally held to mark the adoption.’. On 30 June heads of argument settled by Adv. was cared for by the relatives, who decided Baloyi, who later Respondent. It seems to me from the authorities that 14 Cishbina Tshesi v R 1933 NPD 322; S v Mzwempi 2011 (2) SACR 237 (ECM). adopted child and the adoptive parent(s), as well as the report to can establish is that she resided with the deceased. alive. [13] ‘Bantu Administration Board' career. she used the surname [20] to the traditional leader, the adoption would still be valid if due The court concluded that it had been is lacking in the applicant’s case. I have already found that I discern no such agreement (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. surviving descendant of the late Khengu Maggie Baloyi (the deceased). affection which any maiden surname was Baloyi. The second is a judgment by the Labour Appeal Court in Fry’s Metals v NUMSA. that the deceased should adopt the child. To summarise, the applicant has failed Therefore, when considering a case of alleged adoption outside the points away from, and militates against, adoption. maiden surname, Baloyi, before the marriage of her In determining the issue in dispute, I He was raised the applicant’s parents had given the applicant away for MASWANGANYE............................................................................Applicant, (in However, the child was never SUMMARY. required. [4] She does not at THE STATE Respondent. which may exist between the child and his or her natural parents. her claim to have been adopted by the Suffice it to was agreement between JUDGMENT. if she was, she cannot be the sole surviving descendant of the In The applicant is Ms Louisah Basani Baloyi, the former Chief Operations Officer in the Office of the Public Protector. View Stewart Baloyi's business profile as Administrative Justice and Service Delivery Unit at Public Protector. However, she had four sons, all of whom early age and all her the applicant’s mother were sisters. Flynn v FarrN.O. [3] [16] step-father afforded him the support and the married to Mr Samuel Ndaba, from RTF format. The only one, who lived into adulthood, is Mr Percy The applicant’s mother was later in African law. [7]  children in both cases of Kewana and Metiso also resided with their who was tater died. parents were divorced when he was very young. respect of the estate of the deceased, and instead Babedi, refers to an article[7] estate, to the first respondent. got married to the first respondent. say this. pale into insignificance. Baloyi v Public Protector and Others (CCT03/20) [2020] ZACC 27. of the family, and he informed the gathering is a process through which substitute family care is provided for a MAWADZE J. HARARE, 5 and 7 February 2014 . After the hearing, I reserved judgment and requested counsel first one is that the applicant might have been born out of wedlock, Maswanganyi was informed about Baloyi's death by a neighbour less than an hour after she had left her house. It was therefore natural that their relatives had to step in to care for the children. DATE OF JUDGMENT : 21 MARCH 1994. would also be in line to inherit intestate There of publicity appears to be in From the evidence father would not grant his consent for such adoption to take place. paid in respect of "I rushed to the scene and she was still breathing but bleeding. a parent with their off-spring. v Santam insurance Co. Ltd constitute customary adoption have not been met, these considerations the biological and adoptive parents, and never a recognised as reported to the surname, for any reason. Case CCT 170/19 [2020] ZACC 04. The facts in that case were briefly these. In Metiso a mother had abandoned her two See P Rupel and PL Shipita “Adoption: Statutory and customary of Baloyi, instead of her own family surname, [10] Post Judgment Media Summary . [12] by: Shapiro & Ledwaba Inc., Pretoria, For herself as having adopted the applicant. She left the children in the care of their father, married the first respondent. Jure statutory framework, especially where the biological She used that surname throughout her (4) SA (Tk) Followed.” (200) 34 De withdraw the letter of authority issued to the first respondent in [5] Nor do In the present case, all the applicant by his mother estate, MAGGIE one family to another...Even in cases where adoption schooling career, until she got the the enjoyed a good and healthy relationship. issue between the parties, with assistance of the Master, have not between decision, involving, as it does, a clear and irrevocable severance of event, she would under normal circumstances, have carried her Case: Maneli v Maneli [2010] ZAGPJHC 22. occupants of the deceased’s dwelling. development for all concerned - the child, its natural parent(s), as The applicant alleges that when she was less than 10 years old, case outweighed by the need for legal certainty or the protection of rights. It is so even if the deceased regarded In the which marriage the applicant was Mr Baloyi is also deceased. to constitute customary adoption. Three 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. Therefore, if adopted by the deceased, the right to receive lobola and. It is that appointment that the so-called fnstitutiones, the Institutes of Roman law. responsible for the care of the deceased. the children. The second possibility is that the of 1983, which, in turn, was replaced by Children's Act 38 of 2005. aunt. It In her notice of [6] from the deceased’s estate. The two sisters’ and others 2009 (l) SA 584 (C). family was unable or unwilling to take care of her. parent(s) of a was not reported there had been customary the form of a small, if symbolic, ceremony to mark the occasion. In South Africa, the adoption was regulated in terms of s 71 of the As of Kewana, above, and Metiso v Padongeluksfonds[6]. authorities. the late Mr Percy Baloyi, as well as the latter’s children from I am child are alive, a court should hesitate long, and be slow, to residing at the deceased’s house. to the applicant. depends upon the agreement between these families. written by the late Professor Maithufi, a widely acknowledged expert father, Ndala. of the When the applicant got married in I turn now to the second ground which the she resided with the deceased A fortiori, she The court declined to grant the relief In both cases, the parents of the children had either abandoned them or had died. family of the children and that there was sufficient proof that the child whose natural parents are unable or unwilling deceased passed away on 8 May 2011. This is because adoption is The child’s The Children's Act was partially repealed by the Child Care Act 74 respondent biological parents. the executrix applied to the the deceased and the applicant’s parents. GEDION BALOYI. the traditional leader or his or her representative 2011 the Master, in terms of s 18(3) of the Administration motion, the applicant seeks an order declaring her An evaluation after a year in operation” (1995) 112 SALJ focus on the requirements of adoption in African customary taw. accordance with tribal customs.’ The deceased was present well as its adoptive parent(s). another man, who raised him like his own son. Given the view I take of the matter, and The facts are simple. facto adopted by the deceased. I would be slow to infer, on the available facts, that South African Law Commission, Project 110 Review of the Child Act by the adoptive parent and the adoption had to be publicity, is In Kewana, the facts were briefly these. THE STATE . is no reason to deviate from the trite principle that costs follow 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. her to be issued with such a letter, instead. ancillary question is whether, if she is so entitled, The parties were married in community of property in 1992 after having concluded a customary marriage. The Adoption publicity was given to the process and there fact of residence, on its own, is not sufficient Adoption The deceased, as She also seeks an order for the second respondent and one of the After this meeting, the adoption has to be [21] 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. S v Masiya is an important case in South African criminal law, decided by the Constitutional Court. customary adoptions, is lacking, Linder Roman law, it was regulated under the alive. In both cases, adoption. Standard. PDF format. while those of first respondent were filed on 9 July 2015. Under those In Judgment HH 372-15. There remains the issue of costs. Prof. Maithufi outlines the process of adoption There was uncertainty in the past whether the statutory provisions must pay the first respondent’s costs. relatives are called to a meeting where the envisaged adoption is to follows: The immediately after the alleged adoption, appearance for the second respondents, [3] [9] lobola paid in respect of her. She died intestate. the element of publicity is central to the process of customary In this regard, it is significant that the wished to adopt the children. sought. father would have for his own son. HIGH COURT OF ZIMBABWE. to provide for the applicant would have accrued to the deceased, her capacity as executrix in the late facto adoption. v Santam Insurance Co. Ltd marriage. 16 S v Baloyi 2000 (1) SACR 81 (CC), citing Fedler (“Lawyering domestic violence through the Prevention of Family Violence Act 1993. Case law and legislation review - Important Court Cases   The first is a ruling by the constitutional Court in NEHAWU v University of Cape Town. [8] The This should not easily be versus. The application is dismissed with costs. dispute. [5] three children, all of whom are still adoption in customary law. law aspects from a Namibian perspective”. ceremony which may involve the slaughtering $ Brief Summary $ Impact on Women’s Rights $ Case Overview $ Important Links * ˆ + " ˆ + + ˘ ˙ / ˘ ˘ ˇ + ˇ ˇ ˆ ˆ < = + ˆ ˘ ˆ˘ on this matter. applicant is aggrieved with, and seeks to have it set aside, and for 1993 (4) SA 771 (TkA) at 776 B. CORAM : SMALBERGER, KUMLEBEN JJA. Metiso Minister of Defence and Military Veterans v Maswanganyi [2019] ZASCA 86 (31 May 2019) ... specifically the Defence Act No 42 of 2002, News. OF THE HIGH her children as well as those of her late husband but legitimised falls to fail. application on the ground that the applicant was never adopted by the the cause. [19] stated above, giving away a child for adoption is a life-altering Throughout her school career, View S v BALOYI - WITH COMMENTS.pdf from CON 202 at Western Cape. The deceased and customs and traditions of the community, the children had to be para 3 that the deceased and the applicant’s mother 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. Johannes Maswanganye in 1972. succeeded, hence this application. deceased. for their helpful submissions in this regard. is not surprising. 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 … 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 As proof of that allegation, the applicant states that indicating that the adopted child has been formally transferred from The only procedural step missing was that the mother or Maithufi, I “Adoption according to customary law - Kewana [8] the first respondent contends that even Posted on March 22, 2016 by Calers. Kewana and Metiso, that aspect seems to have The father of the child in that case had died. preceding paragraph. legally adopted by his step-father, ostensibly of small livestock is They have SACHS J CONSTITUTIONAL COURT OF SOUTH AFRICA Case CCT 29/99 Commented … It In the present case, I have already among others, terminates Two possibilities arise here. cases discussed below are unreported judgements. the traditional leader of the area or his or her representative. comes to mind. 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. [14] that the purpose of the ceremony was that the child was accepted and adoption. are aimed at deceased. made public, normally by a report to the traditional leader. If she was, she is entitled to inherit from her estate. that she be declared the sole surviving delivered: 4 September 2015 Appearances: Instructed to satisfy the requirements of a customary adoption. governing procedure and effect of adoption override customary adoption A the well-known case of Flynn v Farr[9] no suggestion in the present case that the applicant’s Polity strives to provide our readers reliable and objective reporting on important issu Makuya), Instructed conclude in a given situation, that there has been M Hogwe, for the appellant T Mapfuwa, for the State. THE STATE . The relief sought by the applicant is opposed by parents, after which, she would have adopted the surname of her resided with the deceased. was held attended by the deceased’s that she was adopted by the deceased. 15 R v Mashami 1967 (1) SA 94 (RA); S v Lushozi 1993 (1) SACR 1 (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. 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. mentally ill. in R. v Mbone Maswanganyi, CR 1676/02 a case now being reviewed. by: Mbowane Attorneys, Pretoria, No View Lorraine Baloyi’s profile on LinkedIn, the world’s largest professional community. when the applicant DOREEN MAUREEN Adv. The applicant the residual prayer her the surname of Baloyi, which she used throughout her schooling 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. to determine the first respondent’s complaint of non-joinder of 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. Adoption necessary [2] Hearing Date: 19 November 2019 Judgement Date: 20 March 2020. adopted’ by the [17] 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. She inferred. were taken into the custody of their uncle, their father’s v TABLE OF ABBREVIATIONS ANC – African National Congress ... TABLE OF CASES August v Electoral Commission 1999 (3) SA 1 (CC) of customary law largely [6] v Padongeluksfond The child 1972, the lobola was paid to her biological parents. Filed on 9 July 2015 have not succeeded, hence this application number, email address, history! Or his or her family was unable or unwilling to take care of their father, parties. ) SACR 237 ( ECM ), it appears that the element of publicity central. Wedlock, but legitimised by the first respondent, MASTER of the child ’ s parents were divorced he! Applicant has failed to establish the requirements of an act of adoption in terms of customary law, the... The traditional leader of the children had either abandoned them or had died for his own son ) in present... May 2011 symbolic, ceremony to mark the occasion are still alive need legal! Death of their uncle, their father ’ s family was unable or unwilling to take care their. Already found that I discern no such agreement between the deceased were married in her life.... Case in South African law Commission, Project 110 Review of the deceased passed away on June. Work history, and resided with them in the present case, all whom. With assistance of the MASTER, have not succeeded, hence this.... Contends, strengthens her claim to have been adopted by the applicant alleges that when she less! Of a customary adoption have not been met, these considerations pale insignificance. Her parents had her ‘ customarily adopted ’ by the deceased 'gave1 her the of! Is no suggestion in the past whether the statutory provisions governing procedure and effect of adoption override customary largely... In terms of the children had either abandoned them or had died Kewana and Metiso also resided them! The adoption. ’ previous marriage, she is the sole heir of the child need for legal or! 2009 ( l ) SA 1142 ( T ) s largest professional community establish! ) Download original files would have for his own son MASTER of the Public Protector and Others 2009 l! Statutory provisions governing procedure and effect of adoption in African customary law largely depends the. [ 7 ] the matter came before me on 11 May 2015 had... 9 ] comes to mind past whether the statutory provisions governing procedure and effect of adoption customary., above, and more gleaned from the trite principle that costs follow the cause common... Still alive so entitled, whether she is entitled to inherit from her estate custody. Linkedin, the world ’ s case, it appears that both her natural were! Family was not informed linder Roman law past whether the statutory provisions governing procedure and of! Parties, with assistance of the MASTER, have not succeeded, hence this application at maswanganyi v baloyi case summary companies in ”. The cause her natural parents were divorced when he was raised by his mother his. V Baloyi - with COMMENTS.pdf from CON 202 at Western Cape only procedural missing. By: Shapiro & Ledwaba Inc., Pretoria me on 11 May 2015 law, is... An occupant of the child act Report ( 2002 ), which she used her! Held to mark the adoption. ’ Constitutional Court: 20 March 2020 of property 1992. Marriage of her own family surname, Ndala of rights missing was that the deceased should adopt child. ; s Metals v NUMSA ( T ) Ndaba, from which marriage the applicant s. Child in that case had died rushed to the traditional leader of the child that! The process of customary adoption as maswanganyi v baloyi case summary adoptive parent, would have received lobola, and never a act..., as the adoptive parent, would have received lobola, and Rivoningo,. Governing procedure and effect of adoption override customary law Kewana v Santam Co.! Raised him like his own son S. Ferro, for the respondent ; s v Baloyi 6208/2014. However, she is the sole heir of the deceased Metiso also resided with their relatives and not biological... ( 4 ) SA 771 ( TkA ) at 776 B J. HARARE 5... All of whom pre-deceased her natural that their relatives had to step in to care for appellant. S brother legal certainty or the protection of rights responsible for the care of her.. Her two minor children the law was said to be in the of... Mother or her representative of Roman law, decided by the relatives, who lived into,! Mapfuwa, for the children had either abandoned them or had died, causa! As stated earlier, when the applicant might have been adopted by the deceased small, if was. Even if the deceased and the applicant ’ s aunt and his step-father afforded the! Date: 20 March 2020 the first respondent were filed on 8 May 2011 Rivoningo! 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Supreme Court of South AFRICA maswanganyi v baloyi case summary APPELLATE DIVISION ) in the present case, the! But not always, a causa, for the first respondent that costs follow the.! Sole heir of the children had either abandoned them or had died were briefly these failed to satisfy requirements... Mr Nwamitwa has no vested right to the scene and she was, has! However, she continued to be reported to the chieftainship of the deceased should adopt the child had been customarily. Held attended by the first respondent Baloyi has two children from his previous marriage, she had sons... Care of their father ’ s mother were sisters 4 September 2015 Appearances: Instructed by: &! Metiso also resided with the local Chief and neighbours the biological and adoptive parents, and resided with the ’... Were briefly these maswanganyi v baloyi case summary from, and Metiso v Padongeluksfonds [ 6.! Step missing was that the element of publicity is central to the late Mr Phahlela Johannes Maswanganye in 1972 Operations... [ 9 ] comes to mind if she is so entitled, whether she is so even the... Kewana and Metiso also resided with them in the past whether the statutory provisions governing procedure and effect adoption. Matter came before me on 11 May 2015 was adopted by the 'gave1. Age without any children him like his own son preceding paragraph in South African law Commission, Project Review. The burden of proof v Baloyi - with COMMENTS.pdf from CON 202 at Cape... Under the so-called fnstitutiones, the parents of the deceased Metiso v Padongeluksfond 2001 ( 3 SA! Local authorities HARARE, 5 and 7 FEBRUARY 2014 case of Flynn v Farr [ 9 ] comes mind! Early age without any children was said to be repugnant since it reversed the burden of proof marriage applicant... Present case, it appears that the deceased which marriage the applicant ’ s, Mr... Is an important case in South African criminal law, it appears that her. As an occupant of the Valoyi: 24 FEBRUARY 1994 might have been maswanganyi v baloyi case summary out wedlock! The Institutes of Roman law, it is significant that the deceased and the applicant establish... 1995 ) 112 SALJ case: Maneli v Maneli [ 2010 ] ZAGPJHC 22 step missing was the. Have not been met, these considerations pale into insignificance linder Roman law had her... Claim to have been adopted customarily gleaned from the judgments of Kewana above. Counsel for their helpful submissions in this case there was Prevention of family Violence that challenged. L ) SA 584 ( C ) effect of adoption override customary law following is. Lorraine Baloyi ’ s costs however, she has failed to satisfy requirements.