A CRITICAL DISCUSSION ON THE LEGAL RELATIONSHIP
BETWEEN A CHILD AND HIS OR HER UNMARRIED PARENTS
By
Sibulelo Jafta
60915978
Submitted in partial fulfilment of the requirement for the LLB
degree
BACHELOR OF LAWS
in the
SCHOOL OF LAW
UNIVERSITY OF SOUTH AFRICA
RRLLB81
PORTFOLIO EXAM
(2020 – 10 – 06)
, SUMMARY
This research will discuss the legal relationship between a child and his or her
unmarried parents. It will give assessment on FS v JJ and the decision made in the
case which dealt with care (custody) of a minor child. The research will look closer
at the rights of an unmarried father as well as the extent of grandparents’ rights in
respect of their grandchildren and the constitutionality of such an arrangement. This
research will unpack the content of the rights afforded by the Constitution of the
Republic of South Africa, 1996 and the Children’s Act 38 of 2005. Thus, the best
interests of the child.
KEYWORDS
The best interest of the child
Constitutional rights of grandparents towards their grandchildren
Constitutional rights of unmarried fathers towards their children
Children born of unmarried parents
Parental responsibilities and rights of parents
3
BETWEEN A CHILD AND HIS OR HER UNMARRIED PARENTS
By
Sibulelo Jafta
60915978
Submitted in partial fulfilment of the requirement for the LLB
degree
BACHELOR OF LAWS
in the
SCHOOL OF LAW
UNIVERSITY OF SOUTH AFRICA
RRLLB81
PORTFOLIO EXAM
(2020 – 10 – 06)
, SUMMARY
This research will discuss the legal relationship between a child and his or her
unmarried parents. It will give assessment on FS v JJ and the decision made in the
case which dealt with care (custody) of a minor child. The research will look closer
at the rights of an unmarried father as well as the extent of grandparents’ rights in
respect of their grandchildren and the constitutionality of such an arrangement. This
research will unpack the content of the rights afforded by the Constitution of the
Republic of South Africa, 1996 and the Children’s Act 38 of 2005. Thus, the best
interests of the child.
KEYWORDS
The best interest of the child
Constitutional rights of grandparents towards their grandchildren
Constitutional rights of unmarried fathers towards their children
Children born of unmarried parents
Parental responsibilities and rights of parents
3
