South Africa Case Law

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)

Court

Western Cape High Court, Cape Town

Case number

21458/2021 ; 10857/2023

Judge

Moosa

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…

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• Curator Bonis Appointment
• Children With Disabilities
• Road Accident Fund Award
• Best Interests Of Child
• Uniform Rule 57
• Children S Act

Van Den Heever N.O v Mashaba and Others (124034/2024)

Van Den Heever N.O v Mashaba and Others (124034/2024) [2024] ZAGPPHC 1210 (13 November 2024)

Court

North Gauteng High Court, Pretoria

Case number

124034/2024

Judge

Mncube

The High Court granted urgent relief compelling disclosure and delivery of a Bentley, finding the vehicle fell within a tax preservation order and threatened dissipation.

• Urgent Interdict
• Preservation Order
• Curator Bonis Appointment
• Tax Administration Act Section 163
• Asset Dissipation
• Attorney And Client Costs

F.P.M obo Z.N.M v Road Accident Fund (8854/2022)

F.P.M obo Z.N.M v Road Accident Fund (8854/2022) [2024] ZAGPJHC 1061 (21 October 2024)

Court

South Gauteng High Court, Johannesburg

Case number

8854/2022

Judge

S M Katzew

The court found that the maintenance order was unsuitable as evidence for quantifying the minor child's loss of support, given its disconnect from the child's current needs and age. The actuarial report dated 5 August 2022, which assumes the deceased's net income would be shared among his dependants, was accepted as the correct basis for quantification, as the defendant admitted its methodology and did not refute its assumptions. The court held that dependency should extend to age 21, applying the principle that support for a school-going child would likely continue until that age. The court…

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• Loss Of Support
• Maintenance Order
• Quantification Of Damages
• Curator Bonis Appointment
• Contingencies
• Minor Child Award Protection

Milazi and Another v South African Legal Practice the Council and Another (45162/2019)

Milazi and Another v South African Legal Practice the Council and Another (45162/2019) [2024] ZAGPPHC 473 (22 May 2024)

Court

North Gauteng High Court, Pretoria

Case number

45162/2019

Judge

SJR Mogagabe

The High Court dismissed an application to rescind a default order appointing a curator bonis over trust affairs, finding no bona fide defence or good cause.

• Rescission Of Judgment
• Curator Bonis Appointment
• Legal Practitioners Trust Accounts
• Audi Alteram Partem
• Costs Orders
• Rescission-of-judgment

Commissioner for the South African Revenue Service v Buthelezi and Others (B5917/2023)

Commissioner for the South African Revenue Service v Buthelezi and Others (B5917/2023) [2024] ZAGPPHC 467 (10 May 2024)

Court

North Gauteng High Court, Pretoria

Case number

B5917/2023

Judge

Unterhalter

The High Court confirmed a SARS preservation order against the Setumishi respondents after finding the application was properly authorised and the tax-evasion evidence was not rebutted.

• Tax Preservation Order
• Tax Administration Act Section 163
• Vat Irregularities
• Failure To Declare Income
• Curator Bonis Appointment
• Tax-preservation-order

Legal Practice Council v Ahmed (11940/2023)

Legal Practice Council v Ahmed (11940/2023) [2023] ZAWCHC 290 (1 November 2023)

Court

Western Cape High Court, Cape Town

Case number

11940/2023

Judge

Meer

The court suspended an attorney pending disciplinary proceedings for alleged fraud, trust-account breaches, threats to clients, and other serious misconduct.

• Legal Practitioners Misconduct
• Trust Account Irregularities
• Fraudulent Documents
• Disciplinary Proceedings
• Curator Bonis Appointment
• Legal-practitioners-misconduct

Marais N.O v Marais

Marais N.O v Marais [2023] ZAGPPHC 454; A321/2021 (14 June 2023)

Court

North Gauteng High Court, Pretoria

Case number

A321/2021

Judges

R Tolmay, P G Malindi, N Bam

The appeal was upheld on the basis that the letter of authority issued by the Master sufficed as approval for the curator bonis to act in accordance with the court order. The court found that the requirement for the Master’s approval was satisfied by the issuance of the letter, and that the particulars of claim, standing alone, set out a cause of action. The court a quo erred by considering extraneous facts and by dismissing the claim without affording the appellant an opportunity to amend. The Master’s function is administrative and cannot supersede a court order. The technical objections ra…

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• Curator Bonis Appointment
• Locus Standi
• Administration Of Estates Act
• Matrimonial Dispute
• Condonation
• Exception To Pleadings

Legal Practice Council v Mokhele (3312/2022)

Legal Practice Council v Mokhele (3312/2022) [2022] ZAFSHC 241 (14 September 2022)

Court

Free State High Court, Bloemfontein

Case number

3312/2022

Judges

Mathebula, Mthimunye

The High Court dismissed the Legal Practice Council’s urgent bid to suspend an attorney and appoint a curator bonis, but ordered disciplinary proceedings to be finalised by 31 October 2022.

• Legal Practitioners Misconduct
• Trust Account Shortfall
• Disciplinary Proceedings
• Curator Bonis Appointment
• Urgent Interdict
• Legal-practitioners-misconduct

Special Investigating Unit and Another v Lebelo and Others (GP06 /2022)

Special Investigating Unit and Another v Lebelo and Others (GP06 /2022) [2022] ZAST 18 (8 August 2022)

Court

Special Tribunal

Case number

GP06 /2022

Judge

L.T. Modiba

The Tribunal found that the appointment of a curator bonis is necessary to preserve the value of immovable properties acquired through unlawful activities, given the risk that the respondents may lose incentive to maintain them pending civil proceedings. The Tribunal held that there is no rigid rule for appointing a curator bonis; rather, the circumstances and the purpose of the preservation order are decisive. The suitability of the proposed curator bonis was established through supplementary evidence, and the respondents did not oppose this further information. The Tribunal also held that t…

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• Preservation Order
• Curator Bonis Appointment
• Proceeds Of Unlawful Activities
• Pension Benefit Interdict
• Urgent Interdict
• Special Investigating Units Act

N.C obo E.C v Member of the Executive Council for the Health, Free State (823/2019)

N.C obo E.C v Member of the Executive Council for the Health, Free State (823/2019) [2022] ZAFSHC 22 (8 February 2022)

Court

Free State High Court, Bloemfontein

Case number

823/2019

Judge

Daniso

The High Court granted an interim payment of R5 million in a medical negligence claim for a child with cerebral palsy and allowed a curator bonis application.

• Interim Payment
• Medical Negligence
• Personal Injury
• Quantum Of Damages
• Curator Bonis Appointment
• Interim-payment