Molatudi v Molatudi (2205/09) [2010] ZANWHC 6 (20 May 2010)

Molatudi v Molatudi (2205/09) [2010] ZANWHC 6 (20 May 2010)

The court found that, while the patient is not required to be declared of unsound mind, there is sufficient evidence that he is incapable of managing his own affairs due to mental and physical impairment following a motor vehicle accident. However, the application failed to comply with Rule 57(7) in that the report of the curator ad litem and supporting documents were not submitted to the Master of the High Court for consideration and report. The suitability of Mr Moolman Wessels as curator bonis was not adequately motivated, and the possibility of administration of the funds by the Guardian’s Fund was not considered. Accordingly, the application was postponed sine die pending compliance...

Citation
[2010] ZANWHC 6
Parties
Applicant: Ntiti Merriam Molatudi; Respondent: Seditse Gert Molatudi; Plaintiff: Seditse Gert Molatudi; Defendant: Road Accident Fund
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
20 May 2010
Case Number
2205/09
Procedural Posture
Urgent Application / Ex Parte Application for Appointment of Curator Bonis; Postponed Sine Die Pending Master’s Report
Outcome
Application postponed sine die pending submission of the curator ad litem’s report to the Master and compliance with Rule 57.
Judges
M M Leeuw
Legal Topics
Curatorship, Rule 57 Application, Mental Incapacity, Guardians Fund, Administration of Estates
Civil Procedure Family and Children Curatorship Rule 57 Application Mental Incapacity Guardians Fund Administration of Estates

Case Brief

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Parties

Ntiti Merriam Molatudi

Applicant

Seditse Gert Molatudi

Respondent

Seditse Gert Molatudi

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Urgent Application / Ex Parte Application for Appointment of Curator Bonis; Postponed Sine Die Pending Master’s Report

Legal Issues

  1. 1 Whether the patient is incapable of managing his own affairs due to mental or physical disability.
  2. 2 Whether Mr Moolman Wessels is a suitable person to be appointed as curator bonis.
  3. 3 Whether the requirements of Rule 57 of the Uniform Rules of Court have been complied with, including submission to the Master.

Ratio Decidendi

The court found that, while the patient is not required to be declared of unsound mind, there is sufficient evidence that he is incapable of managing his own affairs due to mental and physical impairment following a motor vehicle accident. However, the application failed to comply with Rule 57(7) in that the report of the curator ad litem and supporting documents were not submitted to the Master of the High Court for consideration and report. The suitability of Mr Moolman Wessels as curator bonis was not adequately motivated, and the possibility of administration of the funds by the Guardian’s Fund was not considered. Accordingly, the application was postponed sine die pending compliance...

Court Disposition

Application postponed sine die pending submission of the curator ad litem’s report to the Master and compliance with Rule 57.

Orders

  • This application is postponed sine die.
  • The curator ad litem is ordered to comply with Rule 57(1), taking into account the concerns raised in this judgment, and submit her report to the Master as prescribed by Rule 57(6).