Steenkamp and Another v Camphill Farm Community (2319/10) [2010] ZAWCHC 46 (18 March 2010)

Steenkamp and Another v Camphill Farm Community (2319/10) [2010] ZAWCHC 46 (18 March 2010)

The applicants lack the necessary locus standi to bring the application on behalf of Anneli Steenkamp in respect of statutory and interim agreement claims, as only a curator ad litem may represent her in legal proceedings due to her mental incapacity. The first applicant's appointment as administrator of Anneli's estate does not confer the requisite authority to litigate on her behalf. The application is therefore postponed sine die to allow for the appointment of a curator ad litem, who may then consider and, if so advised, pursue the matter. Costs are reserved for later determination.

Citation
[2010] ZAWCHC 46
Parties
Applicant: Prof Daniel Jacobus Steenkamp; Applicant: Elisabeth Johanna Steenkamp; Respondent: Camphill Farm Community
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
18 March 2010
Case Number
2319/10
Procedural Posture
Urgent Application / Interim Application for Restoration of Rights and Residency, Opposed and Postponed for Appointment of Curator Ad Litem.
Outcome
Application postponed sine die for appointment of curator ad litem; costs reserved.
Judges
S Olivier
Legal Topics
Locus Standi, Mental Health Act, Unlawful Occupation, Curator Ad Litem, Contractual Breach, Prevention of Illegal Eviction
Civil Procedure Family and Children Land and Property Locus Standi Mental Health Act Unlawful Occupation Curator Ad Litem Contractual Breach +1 more

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Parties

Prof Daniel Jacobus Steenkamp

Applicant

Elisabeth Johanna Steenkamp

Applicant

Camphill Farm Community

Respondent

Procedural Posture

Urgent Application / Interim Application for Restoration of Rights and Residency, Opposed and Postponed for Appointment of Curator Ad Litem.

Legal Issues

  1. 1 Whether the applicants have locus standi to bring the application on behalf of Anneli Steenkamp.
  2. 2 Whether Camphill Farm Community breached the agreement regarding Anneli's residency and care.
  3. 3 Whether Camphill's conduct contravened the Mental Health Act and the Prevention of Illegal Eviction and Unlawful Occupation of Land Act.

Ratio Decidendi

The applicants lack the necessary locus standi to bring the application on behalf of Anneli Steenkamp in respect of statutory and interim agreement claims, as only a curator ad litem may represent her in legal proceedings due to her mental incapacity. The first applicant's appointment as administrator of Anneli's estate does not confer the requisite authority to litigate on her behalf. The application is therefore postponed sine die to allow for the appointment of a curator ad litem, who may then consider and, if so advised, pursue the matter. Costs are reserved for later determination.

Court Disposition

Application postponed sine die for appointment of curator ad litem; costs reserved.

Orders

  • The application is postponed sine die in order for the applicants to make an application for the appointment of a curator ad litem for Anneli.
  • Costs are to stand over for later determination.