Madalane v Van Wyk

Clericia Masuku was injured in a motor vehicle accident on 17 December 2003 when she was 12 years old. Her mother, Linah Ntombi Madalane, issued summons against the driver, Izak Daniel van Wyk, on 20 September 2010, purporting to act in her capacity as mother and natural guardian of Masuku, whom the summons described as a minor. By the time summons was issued, Masuku had already attained majority on 12 February 2009 due to section 17 of the Children’s Act 38 of 2005, which reduced the age of majority to 18. The respondent raised a special plea that the appellant lacked locus standi to institute the action on behalf of her adult daughter. The High Court upheld the special plea, and the appellant appealed to the Supreme Court of Appeal.

The appeal was dismissed with costs, confirming the order upholding the special plea of lack of locus standi.

The case clarifies the effect of section 17 of the Children’s Act on locus standi and litigation capacity, confirming that once a person attains the age of 18, a parent or guardian has no standing to litigate on their behalf. It reinforces principles concerning legal capacity, guardianship, and procedural standing in South African civil litigation.