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KLVC v SDI [2015] 1 All SA 532 (SCA) Case Summary

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Whether or not, in terms of section 21(1)(b) of the Act, the first respondent had acquired full parentalrights and responsibilities in respect of the child as envisaged in section 18(2)(c),2 prior to his removalfrom the Republic in November 2012 [para 9].

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Institution
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Uploaded on
March 24, 2023
Number of pages
5
Written in
2015/2016
Type
Case
Professor(s)
Prof e bonthuys/ ms p mahery/ mr g frantz
Grade
A

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Case
Summar

Case
Case:
Summa KLVC v SDI [2015] 1 All SA 532 (SCA)

Subject:Family Law/ Parents & Children

Issue: Whether or not, in terms of section 21(1)(b) of the Act, the first respondent had
acquired full parentalrights and responsibilities in respect of the child as envisaged in section
18(2)(c),2 prior to his removalfrom the Republic in November 2012 [para 9].


Key Points:
 The Appellant (mother) and
the First Respondent (father)
 The Appellant (mother) and
the First Respondent (father)
 The Appellant (mother) and the First Respondent (father) were a couple who were never
married or cohabitated in a permanent life partnership

 The first respondent has
consented to being identified as

, The first respondent has

consented to being identified as
the The first respondent has
consented to being identified a
 The first respondent has
consented to being identified
 The first respondent has
consented to being iden
 The first respondent has
consented to being ident
 The first respondent has contested to being identified as the child’s father from the onset

 November 2012: the
appellant took the child to
England
 November 2012: the appellant took the child to England (to live permanently) while the first
respondent was overseas without asking permission first
 The case was first presented to the court in England


 The court was unable to answer the issue so they referred the case to the KwaZulu-Natal
local division, Durban who wrote the case in the first respondents favour
 Appellant argued that the word and in the provision meant that all criteria had to be met in
order to achieve full parental rights and responsibilities and the first respondent had not
achieved this. Both courts rejected this and declared that these were broad categories not
strict criteria the judge stated that the S21 ( 1)( 1B) requirements are an entirely factual
enquiry used to make value judgements to determine whether a good faith attempt has
been made [para 14 and 12]
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