Two young children removed from their father’s care because of unpaid lobola must immediately be returned to him, the High Court in Pretoria ruled today

Judge Francis Legodi declared unlawful the removal of the children by the police and social services.

He ordered that the father had full parental rights and responsibilities over the children, but gave their maternal aunt reasonable visitation rights.

The respondents were given until May 12 to oppose the application, failing which the court would grant a final order, including costs, against them.

Legodi further ordered that, on that date, the social worker who  told the Soshanguve father that his children would not be returned until  he had paid the R20,000 outstanding lobola must provide reasons why she should not be reported for unprofessional conduct.

The children’s mother died of natural causes in December.

Ten days after her funeral, her husband started getting calls from the family to  pay up the lobola.

In January, the police forcefully removed the children from their grandmother’s care and placed them with their mother’s aunt.

They were later moved to a place of safety.

Their father said he had never been unwilling to pay lobola, but  loved his children and did not want them to be held to ransom in a strange place.

He said he could not understand his wife’s aunt’s attitude as she had not supported him with the children while his wife was alive and had children and grandchildren of her own.

He said he wanted a cleansing ceremony and lobola negotiations to continue, as he wanted his daughters to grow up knowing both their families.

After the ruling he and his legal representatives went to fetch the children.

His wife’s family, which was represented in court, did not oppose the relief granted.