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South Africa Case Law

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Civil Procedure [2023] ZAGPPHC 360

Hlatshwayo v Wilsnach and Another

Hlatshwayo v Wilsnach and Another [2023] ZAGPPHC 360; 25753/2010 (12 May 2023)

The court dismissed an application to end curatorship and release RAF funds, citing procedural defects, inadequate evidence of capacity, and the need for a curator ad litem.

  • Curatorship Removal
  • Mental Capacity
  • Road Accident Fund Award
  • Fiduciary Duties
  • Costs Order
  • Appointment Of Curator Ad Litem
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Family And Children [2022] ZAGPPHC 882

Noge (81868/18), Ex parte

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…

  • Appointment Of Curator Ad Litem
  • Jurisdiction Of High Court
  • Non Joinder
  • Children S Rights
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Family And Children [2017] ZAECPEHC 54

J.L.V.R v C.A and Another (3446/2017)

J.L.V.R v C.A and Another (3446/2017) [2017] ZAECPEHC 54 (2 November 2017)

The High Court refused urgent interim removal of a minor child, found no immediate risk of harm, and extended the rule nisi for further investigation.

  • Children S Act
  • Interim Care And Protection
  • Jurisdiction Of High Court
  • Appointment Of Curator Ad Litem
  • Expert Evidence
  • Best Interests Of Child
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Land And Property [2017] ZAGPPHC 364

Hayes v Body Corporate Riverside Cottage (6869/2016)

Hayes v Body Corporate Riverside Cottage (6869/2016) [2017] ZAGPPHC 364 (23 June 2017)

The court dismissed an application for appointment of a curator ad litem because the notice under section 41 of the Sectional Titles Act was fatally defective.

  • Sectional Titles Act
  • Appointment Of Curator Ad Litem
  • Jurisdictional Requirements
  • Notice Defects
  • Sectional-titles-act
  • Curator-ad-litem
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.