Paramountcy of the child’s best interests
[20]The applicants submitted that the impugned provisions violate the “best interests” principle protected by section 28(2) of the Constitution. Section 28(2) of the Constitution states that:
“A child’s best interests are of paramount importance in every matter concerning the child.”
In Minister of Welfare and Population Development v Fitzpatrick and Others,[1] Goldstone J observed that:
“Section 28(2) requires that a child’s best interests have paramount importance in every matter concerning the child. The plain meaning of the words clearly indicates that the reach of s 28(2) cannot be limited to the rights enumerated in s 28(1) and s 28(2) must be interpreted to extend beyond those provisions. It creates a right that is independent of those specified in s 28(1). This interpretation is consistent with the manner in which s 28(2) was applied by this Court in Fraser v Naude and Others.[2]”
- ↑ 2000 (3) SA 422 (CC); 2000 (7) BCLR 713 (CC) at para 17.
- ↑ 1999 (1) SA 1 (CC); 1998 (11) BCLR 1357 (CC) at para 9.
