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South Africa Case Law

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Civil Procedure [2025] ZAGPPHC 665

Baloyi v Road Accident Fund (3959/18)

Baloyi v Road Accident Fund (3959/18) [2025] ZAGPPHC 665 (27 June 2025)

The High Court appointed a curator ad litem after finding the plaintiff likely could not give valid instructions or manage his affairs due to severe brain injury.

  • Curator Ad Litem Appointment
  • Personal Injury
  • Mental Capacity
  • Contingency Fee Agreement
  • Curator-ad-litem-appointment
  • Mental-capacity
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Family And Children [2025] ZAGPPHC 503

A.W.F v K.S.R (052216/2024)

A.W.F v K.S.R (052216/2024) [2025] ZAGPPHC 503 (16 May 2025)

Rule 43 interim relief in a pending divorce: the court ordered maintenance, residence, contact arrangements, and a curator ad litem for two minor children.

  • Rule 43 Interim Relief
  • Parental Rights And Responsibilities
  • Spousal Maintenance
  • Child Maintenance
  • Curator Ad Litem Appointment
  • Rule-43-interim-relief
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Delict [2025] ZAFSHC 29

G.S.M obo O.K v Road Accident Fund (2153/2017)

G.S.M obo O.K v Road Accident Fund (2153/2017) [2025] ZAFSHC 29 (6 February 2025)

The High Court awarded R800,000 in general damages to a minor injured in a motor vehicle accident, and ordered a curator ad litem to be appointed.

  • Road Accident Claim
  • General Damages
  • Curator Ad Litem Appointment
  • Expert Evidence
  • Quantum Of Damages
  • Road-accident-fund
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Delict [2024] ZAGPJHC 1313

Gomes v Road Accident Fund (39738/2020)

Gomes v Road Accident Fund (39738/2020) [2024] ZAGPJHC 1313 (5 December 2024)

The High Court awarded damages to a plaintiff injured in a motor vehicle accident, including loss of income, general damages, and medical expenses.

  • Road Accident Fund Act
  • Apportionment Of Liability
  • General Damages
  • Loss Of Earning Capacity
  • Curator Ad Litem Appointment
  • Road-accident-fund
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Family And Children [2024] ZAGPPHC 536

K.T and Others v J.N.T and Another (056992/2024)

K.T and Others v J.N.T and Another (056992/2024) [2024] ZAGPPHC 536 (13 June 2024)

The court found that the matter was urgent due to imminent arbitration proceedings affecting the minor's interests in the family trust. The minor's interests were in direct conflict with those of her mother, the first respondent, who would ordinarily represent her but was disqualified by the conflict. The court, exercising its inherent jurisdiction as upper guardian of minors, held that it was in the best interests of the child to appoint a curator ad litem to represent her in the arbitration and any related litigation. The applicants were entitled to costs on the party and party scale, as th…

  • Curator Ad Litem Appointment
  • Best Interests Of Child
  • Trust Administration
  • Conflict Of Interest
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Civil Procedure [2024] ZAGPPHC 371

N.N v Road Accident Fund (65492/2020)

N.N v Road Accident Fund (65492/2020) [2024] ZAGPPHC 371 (17 April 2024)

The plaintiff did not plead or prove a claim for loss of support in her personal capacity; only the representative claim for the minor children was properly before the court. The uncontested evidence established that the insured driver was at least 1% negligent, causing the collision and the death of the deceased, who was the breadwinner for AKN and ANN. The children had a legally enforceable right to support, and the defendant is liable under section 17(1) of the RAF Act. The quantum of damages was determined based on actuarial evidence and relevant legal principles, awarding compensation un…

  • Loss Of Support
  • Motor Vehicle Collision
  • Quantum Of Damages
  • Curator Ad Litem Appointment
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Civil Procedure [2024] ZALMPPHC 44

Tjale N.O obo N.B v Road Accident Fund (2313/2022)

Tjale N.O obo N.B v Road Accident Fund (2313/2022) [2024] ZALMPPHC 44 (12 April 2024)

High Court award for a minor’s future loss of earnings against the Road Accident Fund, with damages protected by a trust and costs awarded.

  • Road Accident Fund Act
  • Curator Ad Litem Appointment
  • Future Loss Of Earnings
  • Contingency Deduction
  • Children S Rights
  • Special Trust Creation
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Family And Children [2024] ZAECQBHC 20

C R v T N (4327/2016)

C R v T N (4327/2016) [2024] ZAECQBHC 20 (19 March 2024)

The High Court appointed Attorney Judy Theron as curator ad litem to investigate the minor child’s best interests for Part B relief, with the Family Advocate to assist.

  • Curator Ad Litem Appointment
  • Parental Rights And Responsibilities
  • Best Interests Of Child
  • Children S Act
  • Births And Deaths Registration
  • Curator-ad-litem
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Family And Children [2023] ZAGPJHC 386

C.L.J v C.L.E (34367/19)

C.L.J v C.L.E (34367/19) [2023] ZAGPJHC 386 (26 April 2023)

The High Court dismissed an application to vary a Rule 43 maintenance order, finding no proven material change in circumstances and no basis to treat a settlement agreement as replacing the court order.

  • Rule 43 Variation
  • Maintenance
  • Settlement Agreement
  • Material Change In Circumstances
  • Curator Ad Litem Appointment
  • Rule-43-variation
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Civil Procedure [2023] ZAGPJHC 160

Fisher obo TS.M and Another v Road Accident Fund (2010 /34001)

Fisher obo TS.M and Another v Road Accident Fund (2010 /34001) [2023] ZAGPJHC 160 (14 February 2023)

The High Court rescinded curator ad litem appointments after finding the curator’s prior involvement and the attorneys’ handling of damages created serious independence and fee-accounting concerns.

  • Curator Ad Litem Appointment
  • Rescission Of Order
  • Road Accident Fund Claim
  • Attorney Fee Dispute
  • Special Power Of Attorney
  • Mental Incapacity
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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.