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Harare High Court
Stiny Machika v Joshua Makoni
HH 271-23
Case Details
Court
Harare High Court
Date
4 May 2023
Citation
HH 271-23
Neutral Citation
[2023] ZWHH 271
Outcome
unknown
Case Type
Application
Bench
Presiding
Tsanga J
Full Bench
Tsanga J
Areas of Law
Family LawChild Law
Keywords
grandparent accessvisitation rightsmaternal grandmotherdeceased parentchildren's rights
Tags
child custodygrandparents' rightsaccess rightsbest interests of the child
legislation
Statutes Cited
- Guardianship of Minors Act
- Constitution of Zimbabwe Amendment (No. 20) Act of 2013
- "A child’s best interests are paramount in every matter concerning the child."
- "Children are entitled to adequate protection by the courts, in particular by the High Court as their upper guardian."
ai analysis
Case Summary
Key Issues
- {"issue_text":"Does a grandparent have locus standi to seek access rights to minor grandchildren?","issue_type":"procedural","dispositive":"no","related_facts":"Applicant is maternal grandmother seeking access after mother's death"}
- {"issue_text":"Is the order sought one for custody or access rights?","issue_type":"procedural","dispositive":"no","related_facts":"Applicant seeks weekend and holiday visitation"}
- {"issue_text":"Is it in the best interests of the children to grant applicant access rights?","issue_type":"mixed","dispositive":"yes","related_facts":"Children lost mother, had prior relationship with applicant, respondent denying all access"}
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background
Facts of the Case
Background
The applicant, maternal grandmother of two minor children, sought access rights after the death of her daughter (the children's mother) in January 2022. The respondent father assumed full custody and denied the applicant access to the children. The application was brought under the best interests of the child principle.
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