Noge (81868/18), Ex parte [2022] ZAGPPHC 882 (16 November 2022)

Noge (81868/18), Ex parte [2022] ZAGPPHC 882 (16 November 2022)

The court held that jurisdiction for the appointment of a curator ad litem for a minor child resides with the Master of the High Court in Bloemfontein, as both the minor and the proposed curator reside there. The applicant failed to obtain a waiver of jurisdiction from the Master in Bloemfontein and did not adequately address the concerns raised by both Masters. Furthermore, the non-joinder of the Master of the High Court in Bloemfontein, who has a direct and substantial interest in the matter, constitutes a fatal defect. The application was found to be premature and not in the best interests of the minor child, as the necessary procedural steps were not followed.

Citation
[2022] ZAGPPHC 882
Parties
Applicant: Keabetswe Noge
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
16 November 2022
Case Number
81868/18
Procedural Posture
Ex Parte Application / Application for Appointment of Curator Ad Litem
Outcome
Application struck off the roll due to lack of jurisdiction and non-joinder of a necessary party.
Judges
Phooko
Legal Topics
Appointment of Curator Ad Litem, Jurisdiction of High Court, Non Joinder, Children S Rights
Family and Children Civil Procedure Appointment of Curator Ad Litem Jurisdiction of High Court Non Joinder Children S Rights

Case Brief

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Parties

Keabetswe Noge

Applicant

Procedural Posture

Ex Parte Application / Application for Appointment of Curator Ad Litem

Legal Issues

  1. 1 Whether the North Gauteng High Court has jurisdiction to appoint a curator ad litem for a minor residing in Bloemfontein.
  2. 2 Whether the non-joinder of the Master of the High Court in Bloemfontein constitutes a fatal defect in the application.

Ratio Decidendi

The court held that jurisdiction for the appointment of a curator ad litem for a minor child resides with the Master of the High Court in Bloemfontein, as both the minor and the proposed curator reside there. The applicant failed to obtain a waiver of jurisdiction from the Master in Bloemfontein and did not adequately address the concerns raised by both Masters. Furthermore, the non-joinder of the Master of the High Court in Bloemfontein, who has a direct and substantial interest in the matter, constitutes a fatal defect. The application was found to be premature and not in the best interests of the minor child, as the necessary procedural steps were not followed.

Court Disposition

Application struck off the roll due to lack of jurisdiction and non-joinder of a necessary party.

Orders

  • The application is struck off.