South Africa Case Law

Haupt; Ex Parte Esterhuizen (21458/2021 ; 10857/2023), Ex parte

Haupt; Ex Parte Esterhuizen (21458/2021 ; 10857/2023), Ex parte [2025] ZAWCHC 330 (5 August 2025)

Court

Western Cape High Court, Cape Town

Case number

21458/2021 ; 10857/2023

Judge

Moosa

The court found, on the evidence of medical experts and curators ad litem, that both [L] and [R] suffer from severe disabilities rendering them incapable of managing their own affairs, thus meeting the jurisdictional requirements of Uniform Rule 57(13). The precedent in Ex parte Oppel was rejected as inconsistent with binding appellate authority and constitutional imperatives, particularly the best interests of the child standard. The court held that the appointment of a curator bonis is justified where substantial awards are at stake, the guardians lack financial expertise, and there is risk…

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• Curator Bonis Appointment
• Children With Disabilities
• Road Accident Fund Award
• Best Interests Of Child
• Uniform Rule 57
• Children S Act

Hlatshwayo v Wilsnach and Another

Hlatshwayo v Wilsnach and Another [2023] ZAGPPHC 360; 25753/2010 (12 May 2023)

Court

North Gauteng High Court, Pretoria

Case number

25753/2010

Judge

PA Van Niekerk

The court dismissed an application to end curatorship and release RAF funds, citing procedural defects, inadequate evidence of capacity, and the need for a curator ad litem.

• Curatorship Removal
• Mental Capacity
• Road Accident Fund Award
• Fiduciary Duties
• Costs Order
• Appointment Of Curator Ad Litem

De Kooker N.O. and Others v Snyman (A5099/2020; 44142/2017)

De Kooker N.O. and Others v Snyman (A5099/2020; 44142/2017) [2022] ZAGPJHC 774 (9 September 2022)

Court

South Gauteng High Court, Johannesburg

Case number

A5099/2020; 44142/2017

Judges

Crutchfield, Senyatsi, Dlamini

The court found that the respondent did not provide sufficient factual basis to justify the termination of the Trust or the removal of the trustees. The Trust deed contained clauses that could be amended to better protect the beneficiary's interests, but the respondent failed to propose specific amendments or engage with the trustees prior to litigation. The trustees had provided the requested information and acted in accordance with their duties. The order terminating the Trust and transferring funds to the respondent's attorney was potentially prejudicial and unnecessary. The appropriate re…

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• Trust Property Control Act
• Removal Of Trustees
• Variation Of Trust Deed
• Road Accident Fund Award
• Costs De Bonis Propriis