In a noteworthy development, the Children’s Amendment Act of 2022 has extended jurisdiction over guardianship matters to the Children’s Court. Prior to this amendment, only the High Court held authority in cases related to the guardianship of minor children.

Section 24(1) of the Children’s Act 38 of 2005, previously restricted such matters to the High Court. However, the Children’s Amendment Act has amended Section 24(1) to explicitly include the “Children’s Court,” broadening access to justice. This amendment is particularly beneficial for individuals without legal representation or those facing financial constraints.

Previously, parties were compelled to navigate the High Court for guardianship issues. Now, the Children’s Court serves as an accessible alternative, offering relief for those who might find the High Court daunting or inaccessible.

This amendment marks a positive step toward inclusivity in legal proceedings in South Africa by providing a more approachable avenue for parties, particularly previously disadvantaged and lower-income individuals, involved in guardianship matters involving minor children.