FCP v STC and Another (Appeal) 2025 JDR 0812 (WCC)
Advocate Muhammad Abduroaf passionately argued for his client in the case of FCP v STC and Another (Appeal) 2025 JDR 0812 (WCC) on 13 September 2025 before a full bench of judges. The case revolved around the legal question as to whether a court could terminate a parent’s parental responsibility and right to maintain a child. Advocate Muhammad Abduroaf represented the mother, or the Respondent, in this Appeal case.
General background on the case of FCP v STC and Another (Appeal) 2025 JDR 0812 (WCC)
In short, the Wynberg Children’s Court made an Order terminating the rights and responsibilities of the biological father in relation to his minor child. At the same time, there was also a maintenance matter pending where the mother applied for child maintenance against the father. When the maintenance court dealt with the matter, it was burdened with the issue as to whether the Children’s Court’s Order terminating the father’s responsibilities and rights included that of Child Maintenance. According to the Maintenance Court, it did not. The Father then took the decision of the Maintenance Magistrate on Appeal. According to him, his maintenance obligations also fell away.
What did the Appeal Court decide?
The Appeal Court did not agree with the father. In short, it agreed with Advocate Muhammad Abduroaf (or the mother) that a parent’s responsibility of maintenance cannot be terminated. In quoting Advocate Muhammad Abduroaf, the Court stated at paragraph 48 of their judgment:
“Counsel for the respondent, Mr Abduroaf, pointed to the fact that the Children’s Act provides for “Any person having an interest in the care, well-being or development of a child” to apply to a High Court, a divorce court or the children’s court for an order granting the applicant, on such conditions as the court may deem necessary, contact with or care of the child (section 23(1)) and to apply to the High Court or children’s court for an order granting guardianship of the child (section 24). However, these sections do not provide for application to be made to have the responsibility of maintenance assigned to an applicant. The legislature recognised, as it were, that the responsibility of maintenance is on a different coin. It is an invariable consequence of being a parent.”
How does FCP v STC and Another (Appeal) 2025 JDR 0812 (WCC) assist parents?
According to Advocate Muhammad Abduroaf, the case of FCP v STC and Another (Appeal) 2025 JDR 0812 (WCC) assist parents who wish to claim child support, even if the parent who is supposed to pay has never been involved in the child’s life. Even if a parent never met their child, and has no parental responsibilities of care, contact or guardianship, he or she will still have a legal obligation to maintain his or her child.
ABOUT ADVOCATE MUHAMMAD ABDUROAF
Advocate Muhammad Abduroaf is a hardworking and distinguished legal professional and a respected figure in the field of law in South Africa. Known for his unwavering commitment to justice and his ability to navigate complex legal challenges, Advocate Muhammad Abduroaf has built a career spanning over two decades, marked by excellence and a profound dedication to serving his clients and the broader community.
Advocate Muhammad Abduroaf’s journey into law began with a robust academic foundation. He pursued his legal studies with a vision to impact the justice system positively. His areas of expertise span a wide array of legal disciplines, making him a versatile advocate capable of handling multifaceted cases with precision and care. He holds both an LL.B. and LL.M. (Master of Laws) degree.
Throughout his career, Advocate Muhammad Abduroaf has been involved in numerous landmark cases that have set significant legal precedents. His methodical approach, combined with a deep understanding of the law, has earned him the respect of his peers and clients alike. He is known for his meticulous preparation and ability to craft compelling arguments that influence the course of justice. A recent landmark judgment in which he successfully represented his client was FCP v STC and Another (Appeal) 2025 JDR 0812 (WCC), where the Appeal Court supported his argument that a child’s right to maintenance and a parent’s responsibility in that regard cannot be terminated. Google his more recent judgments.
Two of his notable judgments of approximately two decades ago were when he successfully argued for his clients in the reported cases of:
- Petersen v Maintenance Officer Simon’s Town Maintenance Court and Others 2004 2 SA 56 (C) 381. Because of this case, it is now possible to claim maintenance from paternal grandparents of children born out of wedlock. This was not possible for over 80 years; and
- Soller v Maintenance Magistrate, Wynberg and Others 2006 2 SA 66 (C) 2006 446, where the Western Cape High Court confirmed the extensive powers of the Maintenance Court, which included interdicting pension funds to pay.
Trust Account Advocate
Advocate Abduroaf is a Trust Account Advocate. Therefore, his work comes to him via attorneys or directly from the public. Therefore, if you require the assistance of Advocate Muhammad Abduroaf, you may approach him directly.
Contributions to the Community
Beyond the courtroom, Advocate Muhammad Abduroaf is deeply invested in online community development and legal education. He has organised and participated in numerous events aimed at empowering individuals with knowledge of their legal rights. His efforts to make the law accessible to all reflect his belief in the transformative power of knowledge and justice.
A Vision for the Future
Advocate Muhammad Abduroaf continues to inspire aspiring legal professionals and advocates. His career is a testament to the value of integrity, perseverance, and a relentless pursuit of justice. As he forges ahead, his contributions to the legal field and society as a whole remain invaluable.
In sum, Advocate Muhammad Abduroaf exemplifies the qualities of a dedicated advocate, using his knowledge and expertise to make a meaningful impact in the lives of many. His legacy is one of justice, compassion, and unwavering commitment to the rule of law.
CONNECT WITH ADVOCATE MUHAMMAD ABDUROAF
If you wish to connect with Advocate Muhammad Abduroaf, his website is www.abduroaf.co.za. We suggest you schedule an appointment with him if you require legal advice or legal representation.