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High Court of South Africa North-West, Mafikeng

The Judges currently serving on duty at the North West High Court are:

1. Hon. Judge President RD Hendricks

2. Hon. Deputy Judge President Djaje

3. Hon. Judge Petersen

4. Hon. Judge Reid

5. Hon. Judge Mfenyana

6. Hon. Judge Reddy

1 judgment

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1 judgment

Citation	Judgment date
May 2010
Molatudi v Molatudi ; In re: Molatudi v Road Accident Fund (2205/09) [2010] ZANWHC 1 (20 May 2010) Application for curator bonis postponed for Master’s report and proper Rule 57 compliance before any appointment. * Mental capacity – appointment of curator bonis – distinction between Rule 57(1) declaration of unsound mind and Rule 57(13) appointment without such declaration – curator ad litem’s duties and Master’s report required under Rule 57(7). * Procedural compliance – necessity of submitting curator ad litem report and documentation to the Master before appointing curator bonis. * Protection of patient’s assets – curator bonis only where necessary to protect against loss; consideration of Guardian’s Fund administration.	20 May 2010

Citation

Judgment date

May 2010

Molatudi v Molatudi ; In re: Molatudi v Road Accident Fund (2205/09) [2010] ZANWHC 1 (20 May 2010)

Application for curator bonis postponed for Master’s report and proper Rule 57 compliance before any appointment.

* Mental capacity – appointment of curator bonis – distinction between Rule 57(1) declaration of unsound mind and Rule 57(13) appointment without such declaration – curator ad litem’s duties and Master’s report required under Rule 57(7). * Procedural compliance – necessity of submitting curator ad litem report and documentation to the Master before appointing curator bonis. * Protection of patient’s assets – curator bonis only where necessary to protect against loss; consideration of Guardian’s Fund administration.

20 May 2010