South Africa Case Law

M.S.N (8637/2023P), Ex parte

M.S.N (8637/2023P), Ex parte [2025] ZAKZPHC 38 (27 March 2025)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

8637/2023P

Judge

Mathenjwa

The court found that the patient suffers from major depressive disorder with psychomotor retardation, has been hospitalised twelve times for depressive episodes, and attempted suicide five times. Medical evidence from Dr Meyer and Ms Styles demonstrates compromised conative function, rendering the patient incapable of managing her own affairs. The court held that, although the initial application did not strictly comply with Rule 57(3), the requirements were properly dispensed with by the initial judge due to special circumstances. The curatrix ad litem's report and supporting affidavits subs…

Source excerpt

• Curatorship
• Mental Incapacity
• Divorce Proceedings
• Administration Of Estates
• Parental Rights Termination

Shoprite Checkers (Pty) Limited v Mafate N.O. (CCT 55/23)

Shoprite Checkers (Pty) Limited v Mafate N.O. (CCT 55/23) [2024] ZACC 16; 2024 (11) BCLR 1397 (CC); (2024) 45 ILJ 2491 (CC); 2024 (6) SA 337 (CC) (15 August 2024)

Court

Constitutional Court

Case number

CCT 55/23

Judges

Bilchitz AJ, Chaskalson AJ, Dodson AJ, Madlanga J, Majiedt J, Mathopo J, Mhlantla J, Theron J, Tshiqi J

The Constitutional Court held that the protection against prescription under section 13(1) of the Prescription Act, founded on mental incapacity, continues for as long as the incapacity persists. The appointment of a curator ad litem does not constitute a cessation of the impediment for purposes of prescription. The Court reasoned that vulnerable persons with mental incapacity must not be divested of protection merely because a curator is appointed, as their rights would then depend on the competence and diligence of the curator, which is not guaranteed. The interpretation advanced by Shoprit…

Source excerpt

• Prescription Act
• Mental Incapacity
• Curatorship
• Access To Court
• Bill Of Rights Limitation

Van Veen v Director of Public Prosecutions, Western Cape and Others (2280/2022)

Van Veen v Director of Public Prosecutions, Western Cape and Others (2280/2022) [2023] ZAWCHC 174; 2023 (2) SACR 370 (WCC) (31 July 2023)

Court

Western Cape High Court, Cape Town

Case number

2280/2022

Judge

Binns-Ward

The court found that while the delay in prosecuting the applicant was inordinate and unreasonable, the applicant failed to provide substantiating detail of material trial-related prejudice resulting from the delay, apart from his medical condition. The medical evidence established that the applicant suffered intellectual disability due to a brain tumour, rendering him unable to participate meaningfully in his defence. However, the Criminal Procedure Act provides a specific mechanism (sections 77 and 79) for addressing accused persons' incapacity to stand trial, and the principle of subsidiari…

Source excerpt

• Permanent Stay Of Prosecution
• Unreasonable Delay
• Trial Related Prejudice
• Mental Incapacity
• Subsidiarity Principle
• Adequate Alternative Remedy

Shoprite Checkers (Pty) Ltd v Mafate (903/2021)

Shoprite Checkers (Pty) Ltd v Mafate (903/2021) [2023] ZASCA 14; [2023] 2 All SA 332 (SCA); 2023 (4) SA 537 (SCA) (17 February 2023)

Court

Supreme Court of Appeal

Case number

903/2021

Judges

Petse, Mocumie, Carelse, Nhlangulela, Chetty

The Supreme Court of Appeal held that the appointment of a curator ad litem for a person with permanent mental incapacity does not terminate the impediment contemplated in section 13(1)(a) of the Prescription Act. The impediment persists for as long as the creditor remains mentally incapacitated, and curatorship itself is an impediment. Therefore, the completion of prescription is delayed and does not occur until a year after the impediment ceases to exist, which in this case has not happened as Ms Mkhwanazi remains permanently incapacitated. The court found that the curator's failure to act…

Source excerpt

• Prescription Act
• Mental Incapacity
• Curatorship
• Extinctive Prescription
• Access To Court

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)

Court

South Gauteng High Court, Johannesburg

Case number

2010 /34001

Judge

L Flatela

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

Bihl v Greater Kokstad Municipality and Others (JR 641/2020)

Bihl v Greater Kokstad Municipality and Others (JR 641/2020) [2022] ZALCJHB 262 (16 September 2022)

Court

Labour Court Johannesburg

Case number

JR 641/2020

Judge

Van Niekerk

The Labour Court granted condonation but dismissed a review of an arbitration award upholding Dolly Bihl’s dismissal for misconduct.

• Condonation Of Late Filing
• Review Of Arbitration Award
• Dismissal For Misconduct
• Mental Incapacity
• Municipal Systems Act Compliance
• Labour-law

Laurie obo Laurie v Road Accident Fund (66368/2015)

Laurie obo Laurie v Road Accident Fund (66368/2015) [2020] ZAGPPHC 563 (15 October 2020)

Court

North Gauteng High Court, Pretoria

Case number

66368/2015

Judge

MNGQIBISA-THUSI

The High Court postponed a Road Accident Fund matter so a curator ad litem could be sought for an adult plaintiff with cerebral palsy and ordered the defendant to pay the hearing costs.

• Locus Standi
• Curator Ad Litem
• Road Accident Claim
• Mental Incapacity
• Special Plea
• Costs Award

van Zyl NO v Road Accident Fund (263/19)

van Zyl NO v Road Accident Fund (263/19) [2020] ZASCA 51; 2020 (4) SA 503 (SCA) (6 May 2020)

Court

Supreme Court of Appeal

Case number

263/19

Judges

Maya, Zondi, Mokgohloa, Koen, Eksteen

The Supreme Court of Appeal held that the Prescription Act does not apply to claims for compensation under the Road Accident Fund Act. Section 23 of the RAF Act was intended to be fully comprehensive and to exclude the operation of the Prescription Act due to inconsistency. The protection from prescription for mentally incapacitated persons under the RAF Act is limited to those detained under mental health legislation or under curatorship at the relevant time. Since Mr Jacobs was only placed under curatorship after his claim had already prescribed, he did not benefit from the statutory suspen…

Source excerpt

• Prescription Of Claims
• Road Accident Fund Act
• Mental Incapacity
• Curatorship
• Statutory Interpretation

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

Van Rooyen obo Motau v Road Accident Fund (70267/2015)

Van Rooyen obo Motau v Road Accident Fund (70267/2015) [2018] ZAGPPHC 675; 2019 (2) SA 290 (GP) (10 September 2018)

Court

North Gauteng High Court, Pretoria

Case number

70267/2015

Judge

Tuchten

The court held that the plaintiff's claim against the Road Accident Fund had not prescribed because section 13(1)(a) of the Prescription Act applies to persons who are insane, and the plaintiff was rendered insane by the injuries sustained in the accident. The appointment of a curatrix after the expiry of the prescription period does not retrospectively protect the plaintiff under section 23(2)(c) of the Road Accident Fund Act. However, the binding authority of Road Accident Fund v Smith confirms that section 13(1)(a) of the Prescription Act remains available to insane persons, and the Consti…

Source excerpt

• Prescription
• Road Accident Fund Act
• Mental Incapacity
• Curatorship
• Special Plea
• Statutory Interpretation