South Africa Case Law

Master of the High Court, Gauteng Division (132182/2023), Ex parte

Master of the High Court, Gauteng Division (132182/2023), Ex parte [2024] ZAGPPHC 797 (13 August 2024)

Court

North Gauteng High Court, Pretoria

Case number

132182/2023

Judge

Neukircher

The Court finds that the statutory cap on payments from the Guardian's Fund for the maintenance and education of the minor, RN, will be exceeded due to ongoing and reasonable expenses. The administrative difficulties and delays caused by requiring repeated court applications would prejudice the minor and are contrary to the best interests of the child as enshrined in section 28 of the Constitution. The Court prefers the approach in Ex Parte The Master: In re van Onselen and In re Estate Simmonds, which allow the Master broader discretion to make payments for the minor's proper maintenance and…

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• Administration Of Estates Act
• Guardians Fund
• Maintenance Of Minors
• Judicial Discretion
• Constitutional Rights Of Children

W.D v Road Accident Fund (12648/2014; 4082/2016; 20263/2013)

W.D v Road Accident Fund (12648/2014; 4082/2016; 20263/2013) [2019] ZAWCHC 151 (15 November 2019)

Court

Western Cape High Court, Cape Town

Case number

12648/2014; 4082/2016; 20263/2013

Judge

K M Savage

High Court considered trust versus curator bonis for RAF settlement funds and used the Guardian’s Fund for a minor’s award.

• Curatorship
• Guardians Fund
• Trust Creation
• Road Accident Fund Settlement
• Mental Incapacity
• Costs Award

Molete v MEC for Health, Free State (2155/09)

Molete v MEC for Health, Free State (2155/09) [2012] ZAFSHC 126 (22 June 2012)

Court

Free State High Court, Bloemfontein

Case number

2155/09

Judge

M H Rampai

The court found that, although the respondent is the minor's biological father and natural guardian, the peculiar circumstances of the case—including the substantial award, the existence of contingency fee agreements, the respondent's attorneys being under police investigation, and expert recommendations—justify judicial intervention to safeguard the minor's interests. The court held that the best interests of the child override the general norm of parental administration of a minor's estate. The Guardians Fund provides a secure, cost-effective means of protecting the minor's award, and the a…

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• Curatorship Of Minors
• Guardians Fund
• Best Interests Of Child
• Contingency Fee Agreements
• Parental Locus Standi

Mbhele v Mbhele (AR 118/10)

Mbhele v Mbhele (AR 118/10) [2010] ZAKZPHC 29 (3 June 2010)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

AR 118/10

Judges

K. Swain, K. Pillay, P. Koen

High Court review on maintenance funds for a disabled major child, with the court directing that funds be retained pending a curator bonis application.

• Maintenance Of Major Child
• Curator Bonis Appointment
• Guardians Fund
• Trust Funds
• Procedural Irregularity
• Maintenance-of-major-child

Molatudi v Molatudi (2205/09)

Molatudi v Molatudi (2205/09) [2010] ZANWHC 6 (20 May 2010)

Court

North West High Court, Mafikeng

Case number

2205/09

Judge

M M Leeuw

The court postponed an ex parte application to appoint a curator bonis, holding that Rule 57 had not been complied with because the matter was not submitted to the Master.

• Curatorship
• Rule 57 Application
• Mental Incapacity
• Guardians Fund
• Administration Of Estates
• Rule-57

Conradie and Another v Master of the High Court: Kimberly and Others (1260/2006)

Conradie and Another v Master of the High Court: Kimberly and Others (1260/2006) [2008] ZANCHC 50 (13 June 2008)

Court

Northern Cape High Court, Kimberley

Case number

1260/2006

Judge

C J Olivier

The court found that the ER Trust remained in existence after the sequestration of its estate and that the surplus held in the Guardians’ Fund could not be paid to the first applicant personally, as she was neither the insolvent nor a capital beneficiary. The court held that the trust, as a debtor under the Insolvency Act, could apply for rehabilitation, but in this case, the circumstances were sufficiently exceptional to justify setting aside the sequestration order. The trust had been solvent at the time of sequestration, creditors were paid in full, and the sequestration order was based on…

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• Trust Sequestration
• Rehabilitation Of Trust
• Guardians Fund
• Setting Aside Sequestration Order
• Surplus Distribution