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South Africa Case Law

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Family And Children [2025] ZAWCHC 330

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…

Source excerpt

  • Curator Bonis Appointment
  • Children With Disabilities
  • Road Accident Fund Award
  • Best Interests Of Child
  • Uniform Rule 57
  • Children S Act
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Civil Procedure [2023] ZAWCHC 190

Van Rensburg N.O. v Cornelius (A31/2023)

Van Rensburg N.O. v Cornelius (A31/2023) [2023] ZAWCHC 190 (7 August 2023)

Court
Western Cape High Court, Cape Town
Case number
A31/2023
Judges
Le Grange, Cloete, Savage

The appeal succeeded because the court a quo erred in finding that the respondent, the patient's daughter, had locus standi to bring the application for release from curatorship without properly considering Rule 57(14) and the legal principles governing standing. The court a quo failed to determine whether the patient was unable to litigate in her own name or required assistance to do so. Furthermore, the evidence did not establish a material change in the patient's circumstances sufficient to justify her release from curatorship. The psychiatric report relied upon was incomplete and ultimate…

Source excerpt

  • Curatorship
  • Locus Standi
  • Uniform Rule 57
  • Release From Curatorship
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.