key to the study guide - Name

other parent any amounts he or she spent in excess of his or her pro rata
share. You also have to know the bases on which the parents can be held
liable by third parties for debts incurred in respect of a child's support.
Grandparents With regard to grandparents' duty of support in respect of their
grandchild you should know, in the first place, that the duty of support
passes to them only if neither parent can support the child. Secondly, you
should know that the duty of support passes to both the child's maternal
and paternal grandparents. Further, take note of the important decision in
Petersen v Maintenance Officer on page 292 of your textbook. In that case the
Cape provincial division of the high court declared unconstitutional the
rule (laid down in Motan v Joosub) that paternal grandparents were not
liable for the maintenance in respect of their son's extra-marital child.
ACTIVITY
Mr and Mrs Nel, very well-off farmers in the Cape, have a 21-year-old son,
Dewald, who is currently earning no income because he is a full-time
Unisa student. Dewald and his girlfriend, Britney, have an extra-marital
son, Tim.
(1) Mr and Mrs Nel are not sure whether they are still legally obliged to
support Dewald now that he has reached majority. Advise them in this
regard, with reference to case law.
(2) Since Dewald and Britney earn no income, they cannot support their
child. Mr and Mrs Nel are of the view that they are not responsible for
Tim's maintenance. Explain to them, with reference to case law, how
our law has been reformed in this respect.
FEEDBACK
(1) The fact that Dewald has reached the age of majority is irrelevant. In
Gliksman v Talekinsky the court made it clear that a parent's duty to
support his or her child continues for as long as that child is unable to
support itself and the parent is able to pay the maintenance and does
not necessarily come to an end when the child reaches the age of
majority.
In the light of the aforementioned Mr and Mrs Nel will in all
probability be legally obliged to maintain Dewald.
(2) If neither parent can support their child, the duty of support passes to
the child's maternal and paternal grandparents. In the past, the law
distinguished between legitimate and extra-marital children in this
regard. In terms of the 1930 decision of the appellate division (now
the supreme court of appeal) in Motan v Joosub, paternal grandparents
were not liable for maintenance in respect of their son's extra-marital
child.
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