Kotze v Kotze 2003 (3) SA 628 (T)

Main Issue: Best interest of the child

Findings: In divorce proceeding settlement agreement, parties agreed that they both undertook to educate the child in a certain “A” church. Court amended agreement in this regard and stated that because the clause denies the child his freedom to religion it would not be in his best interest that such clause be inserted which pre-determined his future and placed constraints in his right towards the religion of the child