In the matter between George Andreck and Central District Council: High Court of Botswana, 2006
|Date||December 29, 20152:41 pm|
|Subject||Children born out of wedlock, Custody, Guardianship|
The Applicant is an adult male with de facto custody of three minors born out of wedlock – the mother is deceased. The issue in contention is whether the applicant is eligible to bring a claim on behalf of the minors. The respondent, considering that the applicant was not candid, removed the children from their orphan scheme advising that they should be registered to the scheme by their maternal grandmother.
The applicant seeks to have the children reinstated to the program and reimbursed for the time they were removed while the respondent contends that the applicant has no locus standi and that the two year limitation period has elapsed.
It is ruled that the applicant failed to show that he is the legal guardian of the three minor children, and has not been appointed their curator ad litem for purpose s of these proceedings. Therefore, he lacks the locus standi to institute these proceedings.
The court held that the issue of guardianship and custody should be treated individually. A curator ad litem is to be appointed by the Registrar to make further arrangements – in the meantime, the applicant remains the custodian of the children.
IN THE HIGH COURT OF BOTSWANA HELD AT LOBATSE: MAHLB-000467-06: In the matte r between: GEORGE ANDRECK Applicant (representing the minors THATO MOLEMELE, KHOLA DAISY MOLEMELE & BOTLHE MOLEMELE) and CENTRAL DISTRICT COUNCIL Respondent: Judgment