Haupt; Ex Parte Esterhuizen (21458/2021 ; 10857/2023), Ex parte
Haupt; Ex Parte Esterhuizen (21458/2021 ; 10857/2023), Ex parte [2025] ZAWCHC 330 (5 August 2025)
The court found, on the evidence of medical experts and curators ad litem, that both [L] and [R] suffer from severe disabilities rendering them incapable of managing their own affairs, thus meeting the jurisdictional requirements of Uniform Rule 57(13). The precedent in Ex parte Oppel was rejected as inconsistent with binding appellate authority and constitutional imperatives, particularly the best interests of the child standard. The court held that the appointment of a curator bonis is justified where substantial awards are at stake, the guardians lack financial expertise, and there is risk…
Source excerpt
- Curator Bonis Appointment
- Children With Disabilities
- Road Accident Fund Award
- Best Interests Of Child
- Uniform Rule 57
- Children S Act