South African Institute for Drug Free Sport Act, 1997
R 385
Mental Health Care Act, 2002 (Act No. 17 of 2002)Chapter VIII : Care and administration of property of mentally ill person or person with severe or profound intellectual disability63. Powers, functions and duties of administrators and miscellaneous provisions relating to appointment of administrators |
| (1) |
| (a) | An administrator must, before a Master of a High Court signs an official notice of appointment, lodge security with the relevant Master of the High Court of an amount to be determined by the Master. |
| (b) | The Master may, on good cause shown by the administrator – |
| (i) | reduce the amount of security required; or |
| (ii) | dispense with security. |
| (2) | If the Master at any stage – |
| (a) | becomes aware that sequestration proceedings against the administrator have commenced or are likely to be instituted; or |
| (b) | has reason to believe that it is in the best interest of the person in respect of whom the administrator has been appointed, he or she may— |
| (i) | increase the amount of security to be paid by that administrator, or |
| (ii) | appoint a co-administrator, and all acts relating to the property of the person concerned must be done with the consent of both administrators. |
| (3) | An administrator has powers and functions to – |
| (a) | take care of and administer the property of the person for whom he or she is appointed and perform all functions incidental thereto; and |
| (b) | carry on any business or undertaking of that person subject to any other law. |
| (4) | An administrator – |
| (a) | may not alienate or mortgage any immovable property of the person for whom he or she is appointed unless authorised to do so by a court order or with the consent of the relevant Master of the High Court; and |
| (b) | his or her spouse, child, parent, partner, associate or agent may not purchase or otherwise acquire any property of that person unless – |
| (i) | with the consent of the relevant Master; or |
| (ii) | the purchase or acquisition was, in writing, legally authorised by that person before that administrator was appointed. |
| (5) | An administrator must, immediately after his or her appointment, pay all moneys received on behalf of the person he or she is appointed for into the hands of the relevant Master of the High Court, unless – |
| (a) | the Master directs otherwise; |
| (b) | a legal document of that person made before the administrator was appointed, authorises otherwise; or |
| (c) | the money is required to – |
| (i) | repay of any debt; |
| (ii) | pay expenses relating to the safe custody of the property of that person; |
| (iii) | maintain or educate that person or his or her dependants; or |
| (iv) | pay for the current expenditure of the business or undertaking of the person. |
