Stamp Duties Act, 1968 (Act 77 of 1968)
R 385
Children's Act, 2005 (Act No. 38 of 2005)Chapter 3 : Parental Responsibilities and RightsPart 1 : Acquisition and loss of parental responsibilities and rights24. 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. |
