About SAFLII
Databases
Search
Terms of Use
RSS Feeds
South Africa: Free State High Court, Bloemfontein
SAFLII
>>
Databases
>>
South Africa: Free State High Court, Bloemfontein
>>
2013
>>
[2013] ZAFSHC 79
|
|
Ramabolu v Mathibela (2849/2012) [2013] ZAFSHC 79 (21 May 2013)
3
/hw
FREE STATE HIGH COURT, BLOEMFONTEIN
(REPUBLIC OF SOUTH AFRICA)
CASE NO: 2849/2012
In the matter between:
MMAKUNATU ANNA RAMABOLU
.................................................APPLICANT
and
APRIL JOSEPH MATHIBELA
.....................................................
RESPONDENT
HEARD ON: 16 MAY 2013
DELIVERED ON: 21 MAY 2013
JUDGMENT
VAN ROOYEN AJ:
[1] Attorney Ngidi appeared on behalf of Applicant
in this matter and there was no appearance on behalf of the
Respondent. The Notice
of Set-Down was properly served upon the
Respondent on
18 April 2013
.
[2] The Applicant applies for an order in terms whereof the parental
responsibilities and rights in terms of Section 23(1)(b),
24, 28 and
29 of the Children’s Act 38 of 2005 (“
Children’s
Act
”) in relation to the minor Lerato Mathibela (“
Letato’)
is granted to Applicant. The Applicant is the maternal aunt of
Lerato. The Applicant also seeks an order for determination of the
parental responsibilities and rights of the Respondent who is the
biological father of Lerato.
[3] Lerato was born from a marriage between the Respondent and Mrs.
Moipone Sannah Mathibela (“
the deceased’)
.
Lerato’s mother was murdered on
18 August 2010
by a hit
man who had been hired by the Respondent. Respondent plead guilty to
a number of offences, including the murder of Lerato’s
mother,
and was convicted and sentenced to a period ranging from three years
to life imprisonment on
14 December 2011
. The Respondent is
currently serving his sentence. Lerato was born on
12 December
2000
and has been in permanent care of the Applicant since the
death of her mother and always lived between the Applicant’s
house
and that of her parents prior to the death of her mother.
[4] The Applicant is a teacher by profession at Saaiplaas Primary
School, Virginia and is a primary care-giver of Lerato and provides
for all her needs as if she was her own child.
[5] The National Director of Public Prosecutions has instituted
proceedings against the Respondent for the forfeiture of a house
in
which Lerato may share as inheritance from the deceased. Applicant
intends to intervene in the case and to oppose the forfeiture
to
safeguard Lerato’s interest in the house.
[6] Respondent filed opposing papers, but I am satisfied that the
order sought by the Applicant is in the best interest of Lerato.
[7] I therefore grant an order in terms of paragraph 1, 2, 3 and 4
(as amended by asserting the words “
as provided for in
Section 18(3)”
after the word “
guardianship”)
of the Notice of Motion.
DATED at BLOEMFONTEIN this _______ day of MAY 2013.
_________________________________
VAN ROOYEN AJ
KARABO NGIDI
ATTORNEY FOR APPLICANT