An Analysis of the role of the courts in selected child protection cases : jurisprudence and remedy

Abstract

This dissertation aims to explore the role of the courts in crafting jurisprudence and remedy in order to catalyse change in the lives of children in the care and protection system or children at risk of entry into it. In order to conduct this analysis, four child protection cases will be analysed, namely, Centre for Child Law and Others v MEC of Education, Gauteng and Other; Centre for Child Law v Minister of Social Development (North Gauteng High Court); C and Others v Department of Health and Social Development 2012); and S v M (Centre for Child Law as Amicus Curiae). The first two of these deal with children in alternative care, the third with automatic review of removals of children and the fourth with separation of children from their parents. Be it through building onto the body of knowledge on child law or granting redress through innovative means, the role of the court in the matters analysed provides a clear picture of what kinds of changes can be made in such matters and how children’s lives can be improved as a result.