key to the study guide - Name

In Petersen v Maintenance Officer the Cape provincial division of the high
court declared this rule unconstitutional on the ground that it
unjustifiably violated the extra-marital child's right not be unfairly
discriminated against on the ground of birth and his or her right to
dignity, and failed to afford paramountcy to the child's best interests.
In the light of the aforementioned, Mr and Mrs Nel will (together
with Britney's parents) be liable for Tim's maintenance.
Siblings If neither the child's parents nor his or her grandparents are in a position
to support the child, the duty of support passes to the child's siblings
according to their respective means, provided that the sibling who claims
maintenance is indigent.
Stepparents Note that, at common law, a stepparent is not obliged to maintain his or
her stepchild, as the duty to support rests on blood relationship, and not
affinity. However, in Heystek v Heystek the court held that a stepparent does
have a duty of support in respect of his or her stepchild. The decision is
wrong in so far as the court held that marriage in community of property,
the existence of a common household and consortium omnis vitae with the
child's mother render the stepfather liable for his stepchild's support. In
this regard you must see the criticism of Heystek v Heystek on pages 293±
294 of your textbook. There it is pointed out that the only part of the
decision in Heystek v Heystek which may provide a valid basis for conferring
a duty of support on a stepparent is the court's view that the child's right
to parental care gives the child a right to claim maintenance from his or
her stepparent. If this part of the decision is correct, it means that the
Constitution has created a duty of support between stepparent and
stepchild. Thus, for the latter reason, it may be that a stepparent is now
obliged to support his or her stepchild. Time will tell whether other courts
will be prepared to accept the view that there is a duty of support between
stepparent and stepchild.
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2 THE SCOPE OF THE DUTY OF SUPPORT
Nextyouhavetostudytherulesonthescopeofthedutytosupporta
child. These rules are set out on pages 294±295 of the textbook.
3 ENFORCEMENT OF THE DUTY OF SUPPORT
In study unit 8 above we very briefly and superficially dealt with
enforcement of maintenance. That discussion dealt specifically with
enforcement of maintenance between spouses. On page 295 of the
textbook you will see that the same principles which govern enforcement