23/07/2022
Z v Z (556/2021) [2022] ZASCA 113 (21 July 2022)
MAINTENANCE FOR ADULT CHILDREN
The mother initiated divorce proceedings against the father and claimed maintenance for herself as well as for the two major, but still financially dependent, children. The father filed a special plea, averring that the two children have reached the age of majority and accordingly have the necessary locus standi to pursue maintenance claims against him in their own names, and that the mother lacks the requisite locus standi to do so on their behalf. The mother relies on the provisions of s 6 of the Divorce Act 70 of 1970, which she contends authorises a parent to claim maintenance from the other parent on behalf of a major dependent child. The High Court upheld the special plea and the mother now appeals.
Meyer AJA discusses the proper interpretation of section 6 of the Act; that there are conflicting High Court decisions on the question of whether a parent has locus standi in judicio to claim maintenance from the other parent on behalf of an adult dependent child; that the age of majority was reduced from 21 years to 18 years in terms of s 17 of the Childrenās Act 38 of 2005; that the purpose of section 6 is clear in that it serves to safeguard the welfare of both adult dependent and minor children of the marriage; and that an interpretative analysis leads to the inevitable conclusion that subsections 6(1)(a) and 6(3) of the Divorce Act vest parents with the requisite legal standing to claim maintenance for and on behalf of their dependent adult children upon their divorce. The appeal is upheld and the order of the court below replaced with one dismissing the special plea.