Van Rensburg N.O. v Cornelius (A31/2023)
Van Rensburg N.O. v Cornelius (A31/2023) [2023] ZAWCHC 190 (7 August 2023)
The appeal succeeded because the court a quo erred in finding that the respondent, the patient's daughter, had locus standi to bring the application for release from curatorship without properly considering Rule 57(14) and the legal principles governing standing. The court a quo failed to determine whether the patient was unable to litigate in her own name or required assistance to do so. Furthermore, the evidence did not establish a material change in the patient's circumstances sufficient to justify her release from curatorship. The psychiatric report relied upon was incomplete and ultimate…
Source excerpt
- Curatorship
- Locus Standi
- Uniform Rule 57
- Release From Curatorship