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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 for an order granting guardianship of the child to the applicant.


(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.