COURT ORDERS RETURN OF CHILDREN TO FATHER
The North Gauteng High Court has issued an interim order today returning two children to their father pending the outcome of a final decision on the matter. The children had been removed from their father’s custody and care by the police because he had not yet paid lobola to his deceased life partner’s family.
LHR is encouraged by the court’s decision as it reinforces the supremacy of the best interests of the child in all matters, including matters relating to disputes in customary law between families. The payment of lobola is an issue between the adults of the family and the children should not have been held as ransom.
The court order that this matter be again heard in late May in order for, among other things, a report on the conduct of the respondents and the social worker who were involved in removing the children. LHR is equally concerned about the conduct of the police in removing the children without any grounds in law.
The applicant, whose name is being withheld for the privacy of the children, is an involved father who is still grieving over the death of his life partner. LHR is satisfied that today’s order takes into account the best interests of the children, including the safety and well-being, while still recognising the important role that fathers play in their children’s lives. The real victims, however, have been the children who were removed from their father and must now come to terms with this traumatic experience while still grieving the loss of their mother.
We expect that the children will be immediately returned to their father’s care.
For more information, please contact:
Samantha Mundeta
Lawyers for Human Rights
012-320-2943 / 083-367-8509