[3]The respondents did not oppose the application but the applicants were supported by the Lesbian and Gay Equality Project, which was admitted as an amicus curiae. They also enjoyed the support of Advocate Stais of the Johannesburg Bar, who was appointed by this Court to act as curator ad litem to represent the interests of the children who are the subject of this application and also other children born and unborn who may be affected by this Court’s order. In matters where the interests of children are at stake, it is important that their interests are fully aired before the Court so as to avoid substantial injustice to them and possibly others. Where there is a risk of injustice, a court is obliged to appoint a curator to represent the interests of children. This obligation flows from the provisions of section 28(1)(h) of the Constitution which provides that:
“Every child has the right―
… (h) to have a legal practitioner assigned to the child by the state, and at state expense, in civil proceedings affecting the child, if substantial injustice would otherwise result”[1]
Advocate Stais filed a thorough report concerning the welfare of the adoptive children of the second applicant and children generally. He also made submissions at the hearing of the matter. We are indebted to him for his assistance.
- ↑ See also the comments of this Court in Christian Education South Africa v Minister of Education 2000 (4) SA 757 (CC); 2000 (10) BCLR 1051 (CC) at para 53.
