South Africa Case Law

Madalane v Van Wyk (87/15)

Madalane v Van Wyk (87/15) [2016] ZASCA 25 (18 March 2016)

Court

Supreme Court of Appeal

Case number

87/15

Judges

Ponnan, Zondi, Plasket

The court held that the appellant lacked locus standi to institute action on behalf of her adult daughter, Ms Masuku, as Ms Masuku had attained majority at age 18 in terms of section 17 of the Children's Act. The reduction in the age of majority removed the legal impediment to Ms Masuku's capacity to litigate in her own name. The appellant's reliance on the Age of Majority Act and the principle of vested rights was misplaced, as the right to be assisted by a guardian terminated when Ms Masuku turned 18. The court distinguished the Malcolm case, noting that it did not concern locus standi and…

Source excerpt

• Locus Standi
• Children's Act
• Age Of Majority
• Legal Capacity

Malcolm v Premier, Western Cape Government N.O. (207/2013)

Malcolm v Premier, Western Cape Government N.O. (207/2013) [2014] ZASCA 9; 2014 (3) SA 177 (SCA); [2014] 2 All SA 251 (SCA) (14 March 2014)

Court

Supreme Court of Appeal

Case number

207/2013

Judges

Navsa, Shongwe, Theron, Wallis, Legodi

The Supreme Court of Appeal held that the word 'minor' in section 13(1)(a) of the Prescription Act must now be interpreted as referring to persons under the age of 18, in line with the Children’s Act and constitutional values. However, this altered interpretation does not apply retrospectively to claims that arose before 1 July 2007. The court found that applying the new meaning to claims already running would unfairly prejudice claimants who relied on the previous law, potentially extinguishing their claims prematurely. The presumption against retrospective operation protects such claimants…

Source excerpt

• Prescription Act
• Age Of Majority
• Children S Act
• Statutory Interpretation
• Retrospective Application
• Personal Injury

Apdol v Road Accident Fund (5011/2011)

Apdol v Road Accident Fund (5011/2011) [2012] ZAGPPHC 363 (3 August 2012)

Court

North Gauteng High Court, Pretoria

Case number

5011/2011

Judge

Prinsloo

The court held that the repeal of the Age of Majority Act did not retrospectively shorten prescription for the plaintiff's RAF claim.

• Prescription Of Claims
• Age Of Majority
• Children S Act
• Interpretation Of Statutes
• Prescription
• Age-of-majority