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Steenkamp and Another v Camphill Farm Community (2319/10) [2010] ZAWCHC 46 (18 March 2010)
Urgent application over a disabled adult’s residency at Camphill was postponed sine die after the court held that a curator ad litem was required.
M v Minister of Safety and Security and Others (4015A/2007) [2007] ZAGPHC 326 (23 November 2007)
The court dismissed an application for a final interdict against a neighbour, finding no clear right, no continuing injury, and an alternative remedy in damages.
Potgieter v Lid van die Uitvoerende Raad: Gesondheid Provinsiale Regering Gauteng en andere (CCT 26/01) [2001] ZACC 4; 2001 (11) BCLR 1175 (8 October 2001)
Section 68(4) of the Mental Health Act 18 of 1973 imposes a three-month limitation period for instituting legal proceedings against persons acting under the Act. This limitation is neither adequate nor fair, especially considering the vulnerable category of persons affected. It constitutes a material and unjustifiable restriction of the right of access to courts guaranteed by section 34 of the Constitution. No justification was provided for the limitation, and in light of Constitutional Court precedents, such a drastic restriction cannot be sustained. The High Court's declaration of invalidit…
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