South Africa Case Law

Tibshraeny v Tibshraeny (5299/2024)

Tibshraeny v Tibshraeny (5299/2024) [2025] ZAWCHC 248 (2 June 2025)

Court

Western Cape High Court, Cape Town

Case number

5299/2024

Judge

Da Silva Salie

The Court held that the respondent's incapacity, as declared under Rule 57, extends to all faculties requiring sound judgment, including the ability to instruct legal representatives. The appointment of a curator ad litem is functional and not ceremonial; the curator is authorised to act in the respondent's best interests and to obtain further medical reports if necessary. Any application or notice filed without the curator's involvement lacks legal standing. The application for postponement was found to be an attempt to relitigate an issue already determined, with no new medical evidence pre…

Source excerpt

• Curatorship
• Mental Capacity
• Rule 57 Application
• Postponement
• Costs Order

Mthombeni v Road Accident Fund (71510/16)

Mthombeni v Road Accident Fund (71510/16) [2022] ZAGPPHC 14 (10 January 2022)

Court

North Gauteng High Court, Pretoria

Case number

71510/16

Judge

A Crutchfield

The court found that the plaintiff, a major, did not consent to the establishment of a trust or the appointment of a curator bonis. The curatrix ad litem and the majority of medical experts concluded that the plaintiff is compos mentis and capable of managing his own affairs. There was no declaration of inability or sufficient evidence of incapacity due to mental or bodily defect. The plaintiff's clear opposition to protective measures and his demonstrated ability to manage his taxi business supported the conclusion that he should receive the award directly. The court emphasized the importanc…

Source excerpt

• Road Accident Fund Claim
• Curator Bonis Appointment
• Trust Establishment
• Damages Assessment
• Mental Capacity
• Rule 57 Application

Roos (20916/2016), Ex parte

Roos (20916/2016), Ex parte [2017] ZAGPPHC 183; 2017 (6) SA 491 (GJ) (22 May 2017)

Court

North Gauteng High Court, Pretoria

Case number

20916/2016

Judge

Khumalo

The court referred a curator bonis application to oral evidence after finding material discrepancies in the medical evidence and inadequate investigation by the curator ad litem.

• Curatorship
• Rule 57 Application
• Medical Evidence
• Full Disclosure
• Appointment Of Curator Bonis
• Ex-parte-applications

Molatudi v Molatudi (2205/09)

Molatudi v Molatudi (2205/09) [2010] ZANWHC 6 (20 May 2010)

Court

North West High Court, Mafikeng

Case number

2205/09

Judge

M M Leeuw

The court postponed an ex parte application to appoint a curator bonis, holding that Rule 57 had not been complied with because the matter was not submitted to the Master.

• Curatorship
• Rule 57 Application
• Mental Incapacity
• Guardians Fund
• Administration Of Estates
• Rule-57