Potgieter and Another v Welgemoed and Others (A275/2020) [2022] ZAGPPHC 532 (20 July 2022)

Potgieter and Another v Welgemoed and Others (A275/2020) [2022] ZAGPPHC 532 (20 July 2022)

The court held that the interim order appointing a curator ad litem was not final in effect, as it did not definitively resolve the parties' rights or dispose of the main relief sought. The order was intended to facilitate an investigation into the best interests of the minor children, with the curator ad litem reporting back to the court before any final determination. The High Court retains inherent jurisdiction as upper guardian of minor children, and the powers granted to the curator ad litem do not usurp the court's authority. The interests of justice did not warrant entertaining the appeal, as the interim order was not appealable under established principles. Consequently, the...

Citation
[2022] ZAGPPHC 532
Parties
Applicant: Schalk Jacobus Potgieter; Applicant: Helen Isabel Potgieter; Respondent: C[....]J[....] W[....]; Respondent: B[....] W[....]; Respondent: Lesego Vilakazi N.O.; Respondent: ABSA Trust Limited N.O.; Respondent: ACA Employee Benefits (Pty) Ltd; Respondent: Master of the High Court
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
20 July 2022
Case Number
A275/2020
Procedural Posture
Civil Appeal / Appeal Against Interim Order (part A) in Urgent Application
Outcome
Appeal struck from the roll with costs.
Judges
DS Molefe, AC Basson, N Janse Van Nieuwenhuizen
Legal Topics
Curator Ad Litem Appointment, Parental Responsibility and Rights, Interim Orders, Appealability, Best Interests of Child
Family and Children Civil Procedure Curator Ad Litem Appointment Parental Responsibility and Rights Interim Orders Appealability Best Interests of Child

Case Brief

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Parties

Schalk Jacobus Potgieter

Applicant

Helen Isabel Potgieter

Applicant

C[....]J[....] W[....]

Respondent

B[....] W[....]

Respondent

Lesego Vilakazi N.O.

Respondent

ABSA Trust Limited N.O.

Respondent

ACA Employee Benefits (Pty) Ltd

Respondent

Master of the High Court

Respondent

Procedural Posture

Civil Appeal / Appeal Against Interim Order (part A) in Urgent Application

Legal Issues

  1. 1 Whether the interim order appointing a curator ad litem is appealable.
  2. 2 Whether the interim contact rights granted serve the best interests of the minor children.
  3. 3 Whether the appointment and powers of the curator ad litem were appropriate.

Ratio Decidendi

The court held that the interim order appointing a curator ad litem was not final in effect, as it did not definitively resolve the parties' rights or dispose of the main relief sought. The order was intended to facilitate an investigation into the best interests of the minor children, with the curator ad litem reporting back to the court before any final determination. The High Court retains inherent jurisdiction as upper guardian of minor children, and the powers granted to the curator ad litem do not usurp the court's authority. The interests of justice did not warrant entertaining the appeal, as the interim order was not appealable under established principles. Consequently, the...

Court Disposition

Appeal struck from the roll with costs.

Orders

  • The appeal is struck from the roll with costs.