The Constitutional Court consolidates its child-focused jurisprudence : the case of C v. Department of Health and Social Development, Gauteng

The decision in C & others v Department of Health and Social Development, Gauteng & others 2012 (2) SA 208 (CC) is significant because of the child-focused approach adopted by the majority. This approach deviates from the majority decision in Le Roux & others v Dey (Freedom of Expression Institute and Restorative Justice Centre as amici curiae) 2011 (3) SA 274 (CC), which ignored 'the inescapable and overarching fact' of that case: that '[it was] a case concerning children' (ibid para 207, per Skweyiya J). The child-centred approach of Yacoob and Skweyiya JJ, dissenting judges in Le Roux, was eventually to win the day in C v Department of Health and Social Development. In C, the majority of the Constitutional Court acknowledged the impact that the vulnerability of children (and their parents) can have on the exercising of their rights, and assessed the constitutional validity of the challenged statutory provisions from the perspective of their effectiveness in protecting the constitutional rights of children and their carers.