Harper’s Story
Note on terminology: The narrator is referred to as the Applicant in Children’s Court proceedings, which she initiated, and as the Respondent in Domestic Violence Court proceedings, where the child’s mother applied for a protection order against her. “The mother” refers to the child’s mother throughout.
19 February 2025
Social Workers Attend the Home
Following the Applicant's reports to Childline on 31 January and 4 February 2025, social workers attended the family home on 19 February 2025. The mother did not answer the door and the social workers left without seeing the child.
21 February 2025
Cape Town Children’s Court
Following the unsuccessful home visit by social workers on 19 February 2025, and uncertain whether they would return, the Applicant approached the Cape Town Children’s Court to seek the Court’s assistance and formally report her safeguarding concerns. The Children’s Court subsequently arranged for social workers from ACVV to become involved.
5 March 2025
First Contact From the ACVV Social Worker
On 5 March 2025, the Applicant received her first communication from the ACVV social worker appointed following the Children’s Court application.
12 March 2025
Preliminary Hearing
The Applicant was not given an opportunity to be heard or participate in the proceedings.
28 April 2025
Midnight Message From the Nanny
At approximately 23h30, the nanny borrowed a neighbour’s phone to ask for the social worker’s contact details.
8 May 2025
Mother’s Interim Protection Order Application
The Respondent’s attorneys, despite having been paid and having received her draft opposing affidavit six weeks earlier, failed to file it.
10 May 2025
The Nanny Contacts the Applicant’s Son
At approximately 19h30, the child’s nanny contacted the Applicant’s son, concerned that the child had been crying and screaming throughout the night.
12 May 2025
Social Worker Failed to Return the Nanny’s Call
Despite the social worker’s promise to return the nanny’s call, she did not do so.
13 May – 21 July 2025
Repeated Attempts to Obtain Assistance
The Applicant repeatedly attempted to contact Magistrate Van der Merwe, visiting the Children’s Court at least two or three times a week.
13 May 2025
Applicant Excluded from the Hearing
At 07h49, the Applicant received an email from her attorney advising that she did not have a right to be present at the Children's Court hearing that day.
4 June 2025
Application Denied
An attempt to lodge another protection-order application on behalf of the child was denied.
10 June 2025
And Yet Another Visit to Court
The Applicant returned to Children’s Court with an application for care and contact after the nanny contacted her the evening before.
27 June 2025
Attempted Arrest Without a Warrant
A SAPS officer arrived at the Respondent’s son’s apartment and stated over the intercom that he was there to arrest the Respondent.
30 June 2025
Mother Claims a Warrant Had Been Issued
The Respondent’s attorneys forwarded an email sent by the mother claiming that a warrant had been issued for the Respondent’s arrest.
16 October 2025
Opposing Affidavit Filed
The Respondent filed an opposing affidavit in response to the mother’s application for a final protection order.
20 October 2025
Final-Order Hearing Postponed
The Respondent attended the Domestic Violence Court fully prepared and expecting, after 18 months, finally to be heard.
11 November 2025
Final Protection Order Hearing
The Respondent maintains that the mother applied for the protection order in retaliation and that her statements were false and unsupported by documentary evidence. The mother did not appear and the Court dismissed the application.
5 December 2025
Application Filed
The Applicant filed an application on the ground that she had never been heard.
28 February 2026
Meeting at the ACVV Offices
A social worker telephoned the Applicant and asked whether she could attend the ACVV offices that day.
4 March 2026
Applicant Again Not Heard
The Applicant attended the Children’s Court for the hearing of her application.
4 May 2026
Application Filed in the Stellenbosch Magistrates’ Court
The Applicant filed an application in terms of the Domestic Violence Act in the Stellenbosch Magistrates’ Court.
19 June 2026
Application Not Heard Despite the Mother’s Non-Appearance
The Applicant attended the Stellenbosch Magistrates’ Court with the original Sheriff’s Return of Service; the mother did not appear.
