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South Africa decisions
Decisions matching the current search
De Kok v Van Niekerk (1614/2020) [2021] ZAFSHC 140 (21 May 2021)
The High Court dismissed an application to place the first respondent under curatorship and to interdict payments, finding the evidence insufficient and Rule 57 non-compliance.
Sobici v Road Accident Fund (657/2016) [2019] ZAECPEHC 57 (17 September 2019)
The High Court referred an opposed application for curator ad litem appointment to oral evidence because of conflicting expert opinions on the plaintiff’s capacity.
Modiba obo Ruca; In Re: Ruca v Road Accident Fund (12610/2013; 73012/13) [2014] ZAGPPHC 1071 (27 January 2014)
The court found that the application for the appointment of a curator ad litem was procedurally defective due to substantial non-compliance with Rule 57 of the Uniform Rules of Court. The practice of bypassing the Master and failing to declare the patient incapable of managing his affairs was criticised as potentially harmful and contrary to established law. The independence of the curator ad litem was questioned due to prior association with the patient's legal representatives. The court emphasised the need for strict compliance with Rule 57, proper investigation of the patient's mental capa…
Source excerpt
Ex parte: Futter, In re: Walter v Road Accident Fund and Another (2422/2008) [2012] ZAECPEHC 52 (17 August 2012)
The High Court dismissed an application to appoint a curator ad litem for an injured claimant, finding the attorney lacked locus standi and Rule 57 was not met.
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