ATM joins call for justice in delayed Family Advocate report

As South Africa faces a growing crisis of corruption and dysfunction within its policing system, new concerns are being raised about similar patterns of failure in the country’s courts, particularly in the Office of the Family Advocate in Cape Town.

The African Transformation Movement (ATM) has now stepped into the high-profile custody case of father and activist Asif Casoojee, whose four-year legal battle to gain access to his children has been marked by serious delays, allegations of misconduct, and emotional trauma.

ATM President Vuyo Zungula has called for an urgent parliamentary investigation into the matter, saying Casoojee’s experience reflects broader systemic failures in the family law system.

“We have been reading about Casoojee’s ordeal for years now, and there is still no resolution,” said Zungula. “The rights of fathers in this country must also be protected. The rights of children to know and love both parents is pivotal. If there is corruption in these matters, even at the level of the courts, we must get to the bottom of it.”

At the heart of the dispute is a long-delayed report by the Office of the Family Advocate, which was ordered by the court but has taken over a year to be finalised, and more than four years since Casoojee began his custody battle. The Department of Justice previously told The Star that the matter was being addressed.

In an email dated 28 August, senior department official Khesa Mosiwa confirmed that responses to media queries had been sent to the Department’s Media and Communications Unit. She listed Samuel Modipane and Stephans Mahlangu as responsible officials.

“The responses were sent last week and on the day you requested,” Mosiwa wrote.

However, no response was ever received by The Star.

Casoojee added that the Family Advocate interviewed his children more than a year ago, but only recently confirmed that a report had been completed. More troubling, he says, are claims from his children that the advocate was “suggesting answers” during the interview.

“That should never happen,” said Casoojee. “Now the report will be used to justify keeping me away, even though the dates do not match and the process was flawed.”

In March 2025, the Legal Practice Council’s Appeals Tribunal found prima facie evidence that Kaamilah Paulse, the attorney representing Casoojee’s former partner, had secured a protection order without proper legal service. The tribunal also noted signs of parental alienation, pointing to restricted communication between Casoojee and his children. Paulse has denied the allegations.

Casoojee says the emotional cost has been devastating. “I have missed years of birthdays, concerts, school events. I cannot replace those moments,” he said.

In one widely reported incident, Casoojee was excluded from a Father’s Day school event, despite having paid the school fees. “The school told me I was not listed as the parent — they listed the lawyer instead,” he said. “That was more than insulting. It was dehumanising.”

Legal experts have expressed growing concern over similar delays in Family Advocate reports across the country. These reports often play a decisive role in determining child custody and visitation outcomes. When delayed, they leave families in prolonged legal and emotional limbo.

Casoojee has written directly to Justice Minister Mmamoloko Kubayi, demanding transparency and reform. He is also preparing a High Court application to have Paulse removed from the case, citing conflict of interest and alleged ethical breaches.

At the time of publication, the Department of Justice and the Office of the Family Advocate had still not issued any formal comment on the matter — despite Mosiwa’s written assurance that a response would be sent.

“I have never walked away from my children,” Casoojee said. “But the system has made it feel like I do not exist. I will keep fighting — not just for them, but for every parent who is being silenced by this broken process.”

Four months ago, in response to claims about child alienation, Paulse denied any wrongdoing and defended her role through her legal team. Speaking to The Star through her attorneys at Herold Gie, Paulse said: “We point out that the statement contained is unsubstantiated, vague and lays no factual basis for the allegations made. We record that Ms Paulse denies the allegations, as stated by you”. Her firm added that the LPC Appeals Tribunal had ''not made any final findings'’, but had merely referred the matter back to the Disciplinary Committee for further examination.

Zungula said the his party would follow the matter thoroughly. "As a party that stands for family and religious values we have an interest in the outcome of this case. The people of South Africa constantly report discrimination, corruption and mismanagement of cases at the hands of the Family Courts but nothing is done but South Africa is rising against corruption, now more than ever"