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South Africa Case Law

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Family And Children [2023] ZAGPJHC 382

D.D.K v R.M.B.D.K & Van Aswegen NO (2022/6381)

D.D.K v R.M.B.D.K & Van Aswegen NO (2022/6381) [2023] ZAGPJHC 382 (26 April 2023)

The High Court refused to remove a curatrix ad litem, finding no misconduct or incompetence and ordering a Family Advocate investigation into the child’s best interests.

  • Curator Ad Litem Removal
  • Children S Rights
  • Best Interests Of Child
  • Parental Responsibilities
  • Child Participation
  • Care And Contact
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Civil Procedure [2022] ZAGPJHC 278

Tshalet v Mosungwa and Another (118881/2021)

Tshalet v Mosungwa and Another (118881/2021) [2022] ZAGPJHC 278 (3 May 2022)

The respondent, as curator ad litem, failed to fulfil his statutory and inherent duties to protect the interests of the patient, a cognitively impaired adult. He did not ensure judicial oversight of settlements as required by the appointing order, failed to provide adequate reporting, and did not properly manage or account for payments received from the Road Accident Fund. The respondent's conduct amounted to incompetence and misconduct, justifying his removal. The applicant, as the patient's sister and current caregiver, demonstrated sufficient interest and locus standi to bring the applicat…

  • Curator Ad Litem Removal
  • Road Accident Fund Claim
  • Judicial Oversight Of Settlement
  • Trustee Removal Principles
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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.