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Children's Act, 2005 (Act No. 38 of 2005)

Chapter 3 : Parental Responsibilities and Rights

Part 1 : Acquisition and loss of parental responsibilities and rights

24. Assignment of guardianship by order of court


(1) Any person having an interest in the care, well-being and development of a child may apply to the High Court or children’s court for an order granting guardianship of the child.

[Section 24(1) substituted by section 2 of the Children's Amendment Act, 2022, Notice No. 1543, GG47828, dated 5 January 2023 - effective 8 November 2023 per Proclamation 142, GG49615 dated 8 November 2023]


(2) When considering an application contemplated in subsection (1), the court must take into account—
(a) the best interests of the child;
(b) the relationship between the applicant and the child, and any other relevant person and the child; and
(c) any other fact that should, in the opinion of the court, be taken into account.


(3) In the event of a person applying for guardianship of a child that already has a guardian, the applicant must submit reasons as to why the child’s existing guardian is not suitable to have guardianship in respect of the child.