Page:Du Toit v Minister of Welfare.djvu/14

Rh Paramountcy of the child’s best interests

The applicants submitted that the impugned provisions violate the “best interests” principle protected by section 28(2) of the Constitution. Section 28(2) of the Constitution states that: “A child’s best interests are of paramount importance in every matter concerning the child.” In Minister of Welfare and Population Development v Fitzpatrick and Others, Goldstone J observed that: “Section 28(2) requires that a child’s best interests have paramount importance in every matter concerning the child. The plain meaning of the words clearly indicates that the reach of s 28(2) cannot be limited to the rights enumerated in s 28(1) and s 28(2) must be interpreted to extend beyond those provisions. It creates a right that is independent of those specified in s 28(1). This interpretation is consistent with the manner in which s 28(2) was applied by this Court in Fraser v Naude and Others. ” Rh