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

N.D.C v G.C (14367/2021)

N.D.C v G.C (14367/2021) [2022] ZAGPPHC 125 (21 February 2022)

Court

North Gauteng High Court, Pretoria

Case number

14367/2021

Judge

Munzhelele

The court found that the respondent had persistently instituted legal proceedings against the applicant without reasonable grounds, including repeated and unsuccessful applications to review a protection order and attempts to terminate the applicant's parental rights. The respondent's conduct was objectively vexatious, intended to harass and punish the applicant, and demonstrated a disregard for court orders, particularly in failing to pay costs. The respondent's right of access to court is subject to reasonable limitation to prevent abuse of process. The application to terminate parental rig…

Source excerpt

• Vexatious Litigation
• Security For Costs
• Parental Rights Termination
• Final Interdict
• Costs Award

N.M obo A.M v Van Zyl N.O and Others (1365/2020)

N.M obo A.M v Van Zyl N.O and Others (1365/2020) [2022] ZAMPMBHC 3 (18 January 2022)

Court

Mbombela High Court, Mpumalanga

Case number

1365/2020

Judge

Mashile

The High Court refused to remove a trust trustee over a minor-child damages award, but ordered a second trustee, a curator ad litem inquiry, and temporary placement at Butterfly Haven.

• Trustee Removal
• Fiduciary Duties
• Contingency Fees Act
• Parental Rights Termination
• Curator Ad Litem
• Children S Act