Failing children : the courts disregard of the best interests of the child in Le Roux v Dey
Date
2014-01
Authors
Journal Title
Journal ISSN
Volume Title
Publisher
Juta Law
Abstract
The concept of the best interests of the child is firmly entrenched in international law, the
South African Constitution and South African legislation and jurisprudence. The
Committee on the Rights of the Child has recently declared that it is a threefold concept
existing as a substantive right, a fundamental interpretative legal principle, and as a rule
of procedure. The best interests of the child should be considered, at least, in all matters
concerning children. Yet, in the matter of Le Roux v Dey, where three boys were
defending a delictual claim of defaming their school vice-principal, the judges of the High
Court and the Supreme Court of Appeal, and eight of the ten presiding judges of the
Constitutional Court did not even mention the best interests of the child. The article
explores some of the possible reasons for this failure and offers some recommendations as to
what a more preferable approach would have been in the circumstances.
Description
CITATION: Mills, L. 2014. Failing children : the courts' disregard of the best interests of the child in Le Roux v Dey. South African Law Journal, 131(4):847-864.
The original publication is available at https://journals.co.za/content/journal/ju_salj
The original publication is available at https://journals.co.za/content/journal/ju_salj
Keywords
Rights of children, Declaration of the Rights of the Child, Convention on the Rights of the Child -- CRC, The African Charter on the Rights and Welfare of the Child -- ACRWC
Citation
Mills, L. 2014. Failing children : the courts' disregard of the best interests of the child in Le Roux v Dey. South African Law Journal, 131(4):847-864.