Welgemoed and Another v Potgieter and Others (88660/2019) [2020] ZAGPPHC 534 (17 June 2020)

Welgemoed and Another v Potgieter and Others (88660/2019) [2020] ZAGPPHC 534 (17 June 2020)

The court found that the respondents failed to demonstrate a reasonable prospect that another court would reach a different conclusion or that there was a compelling reason for leave to appeal. The appointment of a curator ad litem was warranted due to concerns regarding the administration of the trust and the best interests of the minor children. The interim contact arrangements were appropriate pending further investigation. The judge considered the respondents' version and relevant evidence, including the 'Voice of the Child' reports, and was satisfied that the interim order and the appointment of the curator were justified. The application for leave to appeal was dismissed with costs.

Citation
[2020] ZAGPPHC 534
Parties
Applicant: Casper Johan Welgemoed; Applicant: Bianca Welgemoed; Respondent: Schalk Jacobus Potgieter; Respondent: Helen Isobel Potgieter; Respondent: Lesego Vilikazi 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
17 June 2020
Case Number
88660/2019
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Interim and Final Orders in Urgent Application
Outcome
Application for leave to appeal dismissed with costs.
Judges
G.T. Avvakoumides
Legal Topics
Curator Ad Litem Appointment, Parental Responsibilities and Rights, Urgent Application, Best Interests of Child, Interim Orders
Family and Children Civil Procedure Curator Ad Litem Appointment Parental Responsibilities and Rights Urgent Application Best Interests of Child Interim Orders

Case Brief

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Parties

Casper Johan Welgemoed

Applicant

Bianca Welgemoed

Applicant

Schalk Jacobus Potgieter

Respondent

Helen Isobel Potgieter

Respondent

Lesego Vilikazi N.O.

Respondent

ABSA Trust Limited N.O.

Respondent

ACA Employee Benefits (Pty) Ltd

Respondent

Master of the High Court

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Interim and Final Orders in Urgent Application

Legal Issues

  1. 1 Whether leave to appeal should be granted against the judgment and orders dated 17 March 2020.
  2. 2 Whether the appointment of a curator ad litem for the minor children was warranted.
  3. 3 Whether the interim contact rights and orders regarding the minor children were appropriate.

Ratio Decidendi

The court found that the respondents failed to demonstrate a reasonable prospect that another court would reach a different conclusion or that there was a compelling reason for leave to appeal. The appointment of a curator ad litem was warranted due to concerns regarding the administration of the trust and the best interests of the minor children. The interim contact arrangements were appropriate pending further investigation. The judge considered the respondents' version and relevant evidence, including the 'Voice of the Child' reports, and was satisfied that the interim order and the appointment of the curator were justified. The application for leave to appeal was dismissed with costs.

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • The application for leave to appeal is dismissed.
  • Costs to follow the result; respondents to pay costs.