South Africa Case Law

B.S v M.J.J.D.J and Another (2024/061371)

B.S v M.J.J.D.J and Another (2024/061371) [2024] ZAGPPHC 1372 (26 December 2024)

Court

North Gauteng High Court, Pretoria

Case number

2024/061371

Judge

de Vos

The Court found that the applicant failed to establish any factual or legal basis for the relief sought. The applicant's concerns about the strength of the medication were unsupported by evidence, and she did not dispute the necessity or professional prescription of the treatment. The respondents provided overwhelming evidence that the medical care was appropriate, necessary, and in the child's best interests. The applicant's refusal of consent was found to be unreasonable and motivated by personal interests rather than the child's welfare. The legislative framework, including section 129(4)…

Source excerpt

• Best Interests Of Child
• Medical Consent
• Curator Ad Litem
• Children S Act
• Rule 57 Procedure

P W v A W and Others (2018/47013)

P W v A W and Others (2018/47013) [2019] ZAGPJHC 168 (7 February 2019)

Court

South Gauteng High Court, Johannesburg

Case number

2018/47013

Judge

L R Adams

The court dismissed an urgent application to intervene in ex parte curatorship proceedings, holding that Uniform Rule 57 provides an inquisitorial process, not adversarial intervention.

• Curatorship
• Intervention Application
• Rule 57 Procedure
• Appointment Of Curator
• Urgent Application
• Intervention-application

Ex Parte: Beukes (3016/2009)

Ex Parte: Beukes (3016/2009) [2011] ZAWCHC 267 (15 June 2011)

Court

Western Cape High Court, Cape Town

Case number

3016/2009

Judge

Binns-Ward

The court refused to order the Cape Town Master to report under rule 57, holding that jurisdiction for the curator-bonis application lay with the Kimberley Master.

• Curatorship
• Jurisdiction Of Master
• Administration Of Estates Act
• Rule 57 Procedure
• Rule-57
• Administration-of-estates-act