The recent judgment in CJW v SJP [2024] ZAGPPHC 1217 handed down in the Pretoria High Court by Millar J, wherein it was ordered that the respondent be removed as guardian of the minor children immediately.
This case concerns the best interests of two minor children, focusing on their social, emotional, familial, and financial well-being. The court addressed whether Mr. P, the guardian appointed in terms of the children’s late father’s will, should be removed and replaced under section 24(3) of the Children’s Act 38 of 2005.
Despite being entrusted with guardianship and primary caregiving, Mr. and Mrs. P involved their adult daughter, M1, and later her fiancé, in the household. Concerns arose over their ability to fulfill caregiving responsibilities due to age and reliance on M1. When applicants raised issues, the respondents terminated all contact between the applicants and the minor children and failed to comply with court directives, including therapy orders for the children.
Financial mismanagement by Mr. P was evident, as funds meant exclusively for the minors were conflated with household expenses, including those of M1 and her fiancé. Mr. P failed to provide a transparent accounting of expenditures, breaching his fiduciary duty as a guardian to safeguard the children’s assets. His conduct demonstrated an inadequate understanding of his role and responsibilities.
The court concluded that Mr. P is unsuitable to continue as guardian. He is removed with immediate effect, and the first applicant is appointed as guardian of the minor children under section 18(3) and 24 of the Children’s Act and the provisions of their late father’s will.
C.J.W and Another v S.J.P and Others (88660-2019) [2024] ZAGPPHC 1217 (2 December 2024)