DOJCD: Master of the High Court

Curators and Tutors
This division of the Master's office supervises the administration of the affairs of persons whose property is, for various reasons described in this section, under the control of another person called a curator or tutor. Click on the links below for more information of various aspects.

Tutors	Explains various kinds of tutors and why and how they are appointed
Curators	The new Mental Health Care Act 17 of 2002 was promulgated on 15 December 2004. The new act will replace the 1973 one. The new act came into immediate effect as from Wednesday 15 December 2004.
The various appointments set out above as well as the requirements for each appointment will be dealt with separately.
Appointment of Curators: Assets attached by the Asset Forfeiture Unit In terms of the Prevention of Organised Crime Act, 121 of 1998, the High Court may issue an order authorizing the seizure of property subject to a restraint or preservation order, or may issue an asset forfeiture order, where the court is satisfied that there are reasonable grounds to believe that the property concerned, or the proceeds thereof, was derived, received or retained, directly or indirectly, in connection with, or as a result of, any unlawful activity. Where the court has authorized the attachment of such assets by the Asset Forfeiture Unit, it appoints a curator to administer the assets. The appointed curator, however, has no authority to act as such until duly authorized by the Master. Authorization takes the form of letters of appointment issued by the Master. Requirements for an Appointment: Copy of the court order; An inventory - form J243 which reflects the assets to be administered Undertaking and bond of security - form J262 by the court appointed curator; Application for appointment as curator- form J197.
Appointment of Curators: Absentee If it comes to the knowledge of the Master that any absentee is the owner of property in the Republic of South Africa, and he is satisfied that the said property should be cared for or administered on behalf of the absentee, he may appoint a curator dative. The appointment of a curator is usually initiated by an interested party who lodges a written application with the Master. Requirements for an Appointment: Written application to the Master; A preliminary inventory - form J243 which reflects the assets of the absentee; Nominations of a suitable person to be appointed as curator, by interested parties (these nominations are usually obtained during a meeting convened by the Master for this purpose); Undertaking and bond of security - form J262 by the nominated curator Application for appointment as curator - form J197