The Supreme Court of Appeal (SCA) has condemned the actions of Gauteng social workers who, the court found, interfered unlawfully in adoption processes by attempting to remove two children from their adoptive families despite valid adoptions concluded in 2023.
Court slams attempts to reopen adoptions
Justice Nonkosi Dambuza, writing for a unanimous five-judge bench, described the officials’ conduct as “gravely unsettling” and rejected the department’s attempt to restart adoption proceedings. The SCA upheld lower-court findings that the conduct of the officials and the departmental guidelines were unlawful and unconstitutional.
“There is no conceivable reason why they should be wrenched from their families,”
The ruling related to two separate matters in which young women — both university students — had elected to place their children for adoption. In each case, the mothers had been counselled and had consented to adoption. Both children were legally adopted in 2023.
How the interference unfolded
In the first matter, a 23-year-old student concealed a pregnancy in 2018 and later consented to adoption. Social workers repeatedly approached her family, indicating that biological relatives should be considered as caregivers. Their involvement prompted the prospective adoptive parents to withdraw from the process.
In the second matter, a young woman who had previously been expelled from her parents’ home after an earlier pregnancy also chose adoption. The department argued in court that placing children with biological relatives would better preserve their cultural identity and family connections.
The SCA was sharply critical of that approach, saying officials sought to remove children without first establishing that the adoptive homes were unsuitable.
Child protection sector response
Sue Krawitz, operational director of Impilo Child Protection and Adoption Services, welcomed the judgment. She noted that both mothers were adults who had received counselling and made informed decisions that deserved legal recognition and respect.
The court’s ruling reasserts the legal weight of properly concluded adoptions and clarifies that state officials cannot unilaterally set aside those orders without lawful grounds. It also emphasises the constitutional protection of family life and the best interests of the child as a paramount consideration.
- Legal certainty: Adoptions lawfully finalised cannot be disturbed without clear, lawful cause.
- Respect for adult choices: The SCA affirmed that informed consent by adult birth parents must be respected.
- Departmental accountability: Officials and any departmental policies that prompt similar interference were declared unlawful.
Implications for Gauteng social services
The judgment will require the provincial department responsible for social development to review practices and guidelines that led to the challenged conduct. Social workers are bound to follow statutory procedures and respect court orders. Any internal policies encouraging the re-opening of lawful adoptions may now be vulnerable to further legal challenge.
For adoptive families, the ruling provides reassurance that adoptions completed in accordance with the law enjoy judicial protection. For birth parents, it confirms that adult consent given after appropriate counselling is legally significant.
| Aspect | Case 1 | Case 2 |
|---|---|---|
| Birth parent | 23-year-old university student | University student previously expelled from home |
| Adoption finalised | 2023 | 2023 |
| Department stance | Pressed for placement with relatives | Argued relatives preserve identity |
The SCA’s language is likely to prompt closer judicial and administrative scrutiny of cases where officials try to prioritise kin over lawful adoptive placements without clear evidence that those placements are harmful or unsuitable.
Legal practitioners, social workers and child protection organisations will be watching for how the provincial department amends its guidelines and trains staff. The ruling highlights the need for clear procedural safeguards to prevent further incidents that could destabilise settled family arrangements and harm children’s wellbeing.
The decision also underscores the court’s role in protecting vulnerable children from administrative decisions that do not meet constitutional standards. It sends a clear message that the state must act within the limits of the law when intervening in family life.
Further details of the judgment, including any orders for costs or directions to the department, were set out in the SCA’s unanimous ruling authored by Justice Dambuza.
