THE RIGHTS OF AN UNMARRIED FATHER IN
RESPECT OF HIS CHILDREN AND THE RIGHT
OF GRANDPARENTS’ IN RESPECT OF THEIR
GRANDCHILDREN
By
MBONDZUNA GIVEN MHLONGO
37061097
Submitted in partial fulfilment of the requirements for LLB
Degree
BACHELOR OF LAWS
In the
SCHOOL OF LAW
UNIVERSITY OF SOUTH AFRICA
RRLLB81 FINAL PORTFOLIO
MR LC COETZEE
1
, lOMoARcPSD|21997160
ACADEMIC HONESTY DECLARATION
1. I understand what academic dishonesty entails and am
aware of Unisa’s policies in this regard.
2. I declare that this assignment is my own, original work.
Where I used someone else’s work, I have indicated this
by using the prescribed style of referencing. Every
contribution to, and quotation in this assignment from the
work or works of other people has been referenced
according to the prescribed style.
3. I have not allowed, and will not allow, anyone to copy my
work with intention of passing it off as his or her own work.
4. I did not make use of another student’s work and submit it
as my own.
NAME : Mbondzuna Given Mhlongo
SIGNATURE : MG Mhlongo
STUDENT NO : 37061097
MODULE CODE : RRLLB81
DATE : 06 October 2021
TOPIC SELECTED : THE RIGHT OF AN
UNMARRIED FATHER IN RESPECT OF HIS CHILDREN
AND THE RIGHT OF GRANDPARENTS’ IN RESPECT OF
THEIR GRANDCHILDREN
MARK RECEIVED FOR ASSIGNMENT 01: 30%
MARK RECEIVED FOR ASSIGNMENT 02: 0%
2
, lOMoARcPSD|21997160
ABSTRACT
With the relationship between a child and his or her parents
regulated by the Children’s Act 38 of 2005, fathers, and in
particular, unmarried fathers, have now been afforded a
better legal position with regard to their entitled rights to
their children, of which rights were limited under the
common law. The aim of this research is to discuss the
rights of unmarried fathers in respect their children, and
those of the grandparents in respect of their grandchildren,
in an effort to establish their present legal position as
1.
determined by the court in FS v JJ 2011 (3) SA 126 (SCA)
The discussion will focus on the parental responsibilities
and rights of the parents; the parental responsibilities and
rights of the grandparents; and the interest of the child.
KEYWORDS
Unmarried father
Parental responsibilities and rights
Parental responsibilities and rights of grandparents
Best interests of the child
Guardianship
1 The court had to determine the rights of an unmarried father as well
as the extent of grandparents’ rights in respect of their grandchildren.
3
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