Mngomezulu and Another v van der Heever NO and Others (44211/2012)
Mngomezulu and Another v van der Heever NO and Others (44211/2012) [2018] ZAGPJHC 11; [2018] 2 All SA 221 (GJ); 2018 (1) SACR 601 (GJ) (6 February 2018)
The court held that the curator appointed under POCA is obliged at common law to render a full and proper account to the applicants, which goes beyond the statutory requirements to account to the Master under the Administration of Estates Act. The fiduciary relationship between the curator and the applicants requires transparency and justification of all actions taken in relation to the property. The discharge of the curator need not occur immediately upon rescission of the restraint order; the court retains discretion to determine the timing and conditions of discharge, including the complet…
Source excerpt
- Curatorship Under Poca
- Fiduciary Duty To Account
- Statement And Debatement Of Account
- Administration Of Estates Act
- Restraint Order Discharge