Madalane v Van Wyk (87/15) [2016] ZASCA 25 (18 March 2016)

Madalane v Van Wyk (87/15) [2016] ZASCA 25 (18 March 2016)

The court held that the appellant lacked locus standi to institute action on behalf of her adult daughter, Ms Masuku, as Ms Masuku had attained majority at age 18 in terms of section 17 of the Children's Act. The reduction in the age of majority removed the legal impediment to Ms Masuku's capacity to litigate in her own name. The appellant's reliance on the Age of Majority Act and the principle of vested rights was misplaced, as the right to be assisted by a guardian terminated when Ms Masuku turned 18. The court distinguished the Malcolm case, noting that it did not concern locus standi and was factually different. The summons was issued after Ms Masuku had attained majority, rendering...

Citation
[2016] ZASCA 25
Parties
Appellant: Linah Ntombi Madalane obo Clericia Masuku; Respondent: Izak Daniel Van Wyk
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
18 March 2016
Case Number
87/15
Procedural Posture
Civil Appeal / Appeal From Gauteng Division of the High Court, Pretoria
Outcome
Appeal dismissed with costs.
Judges
Ponnan, Zondi, Plasket
Legal Topics
Locus Standi, Children's Act, Age of Majority, Legal Capacity
Civil Procedure Locus Standi Children's Act Age of Majority Legal Capacity

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 6 Party arguments 2
Sign in to unlock

Parties

Linah Ntombi Madalane obo Clericia Masuku

Appellant

Izak Daniel Van Wyk

Respondent

Procedural Posture

Civil Appeal / Appeal From Gauteng Division of the High Court, Pretoria

Legal Issues

  1. 1 Whether the appellant had locus standi to institute action on behalf of her adult daughter.
  2. 2 Whether the reduction of the age of majority by the Children's Act affected the appellant's right to act as guardian.
  3. 3 Whether the principle of vested rights applies to the appellant's claim for locus standi.

Ratio Decidendi

The court held that the appellant lacked locus standi to institute action on behalf of her adult daughter, Ms Masuku, as Ms Masuku had attained majority at age 18 in terms of section 17 of the Children's Act. The reduction in the age of majority removed the legal impediment to Ms Masuku's capacity to litigate in her own name. The appellant's reliance on the Age of Majority Act and the principle of vested rights was misplaced, as the right to be assisted by a guardian terminated when Ms Masuku turned 18. The court distinguished the Malcolm case, noting that it did not concern locus standi and was factually different. The summons was issued after Ms Masuku had attained majority, rendering...

Court Disposition

Appeal dismissed with costs.

Orders

  • The appeal is dismissed with costs.