Theme 9 Cases

Question 1

Petersen v the Maintenance Officer, Simon’s Town
Maintenance Court & Others

Answer 1

1) The precedent created in Motan v Joosub was held to be unconstitutional.
2) Liability for maintenance of a paternal grandparent of a child born out of wedlock was recognized.
3) Distinction between children born inside and outside of wedlock was removed.

Question 2

Heystek v Heystek

Answer 2

1) Step father was found to have an obligation of maintenance in terms of section 28(1)(b) and (c) of the Constitution.
2) This was the right to parental care and the right to basic nutrition, shelter, basic healthcare services and social services.

Question 3

Soller v G

Answer 3

1) The Family Advocate provides a professional and neutral channel of communication between the conflicting parents (and perhaps the child) and the judicial officer