Impilo Child Protection & Adoption Services welcomes a landmark victory in the Gauteng High Court.
On 9 November 2026, the Gauteng Division of the High Court, Johannesburg, handed down judgment in favour of Impilo Child Protection & Adoption Services in its legal challenge against the Department of Social Development concerning its adoption accreditation in the Ekurhuleni (Benoni) region.
The Court declared the Department’s decisions to refuse Impilo’s national and intercountry adoption accreditation unlawful, invalid and unconstitutional. Importantly, the Court went further and substituted those decisions with an order granting Impilo accreditation to provide national and intercountry adoption services in Ekurhuleni (Benoni), with immediate effect until 30 April 2030, subject to ongoing legislative and accreditation requirements.
This is an important victory not only for Impilo, but also for the children and families whose lives are affected by the adoption process.
In its judgment, the Court recognised the importance of avoiding unnecessary delays in matters concerning children, highlighting that delays can cause further prejudice to vulnerable children and prospective adoptive families.
The Court also made a punitive costs order against the Department for its conduct. In explaining that order, the Court said that Impilo’s need to litigate was entirely avoidable had the Department and its officials properly applied their minds to the matter. The Court emphasised that the Department is not an ordinary litigant, but occupies a position of public trust, particularly in relation to children.
For Impilo, this has always been about more than accreditation. It is about protecting children’s rights, ensuring that children are not left waiting unnecessarily, and fighting for every child’s opportunity to grow up in a safe, loving and permanent family.
We are grateful to our legal team, Webber Wentzel’s public interest litigation team and Advocate Ory Ben-zeev, as well as our supporters, our partners and everyone who has stood alongside us throughout this challenging process.
Today, we celebrate not simply a legal victory, but a renewed opportunity to continue the work that matters most: helping children find their way home.
Every child deserves a safe, loving and permanent family. Impilo Child Protection & Adoption Services
www.impilo.org.za
Every child deserves a safe, loving and permanent family.
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