| The Master has no jurisdiction to appoint a guardian or custodian over a minor.
Only the High Court can appoint a person, other than the natural guardian of a minor, as the legal guardian of a minor. Likewise, only the High Court can deprive a natural guardian of guardianship over his or her minor.
As far as custody of a minor is concerned, the Child Care Act, 74 of 1983, provides that the Commissioner for Child Welfare for the district in which the minor is resident, and who is a designated Magistrate, may appoint a custodian over a minor, if after an enquiry, it is found that the minor is a child in need of care. Section 14 of the Child Care Act sets out the circumstances in terms of which a minor is deemed to be in need of care, and includes the situation where a child has no parent or guardian or a child whose parent or guardian cannot be traced.
The custodian which the Commissioner of Child Welfare appoints, is the person who is responsible for the day to day care of the minor. The custodian does however not have the right to administer the assets of the minor. | |
| The Guardian's Fund falls under the administration of the Master of the High Court. It is a fund created to hold and administer funds which are paid to the Master on behalf of various persons known or unknown, for example, minors, persons incapable of managing their own affairs, unborn heirs, missing or absent persons or persons having an interest in the moneys of a usufructuary, fiduciary or fideicommissary nature. Each Master has its own Guardian's Fund. |
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