Judge refuses Luzelle Adams’ appeal in Lekota estate dispute

Quick take

The court refused Adams’ bid to appeal a prior ruling that declared Lekota incapable of managing his affairs from 25 May 2025 until his death in March this year. Judge Anthony Millar said he was not persuaded another court would reach a different conclusion or that there was a compelling reason to grant leave to appeal. The judge again ordered Adams to pay the legal costs.

What the court found

In his earlier judgment, Judge Millar found that Adams, who is the mother of Lekota’s child, had taken control of his finances while she knew he was incapable of managing his own affairs. The court record states that Adams lived with Lekota and accompanied him to medical appointments, and that she was aware of his incapacity from at least 25 May last year.

The judgment recorded concerns about withdrawals from joint bank accounts belonging to Lekota and his wife, Cynthia Lekota, beginning in May last year and continuing through February. The court noted that Adams had withdrawn money and “emptied” Lekota’s current account on 12 February, an action the judge said required explanation.

Why the appeal failed

Adams argued, among other points, that the declaratory order about Lekota’s state of mind should have been brought by the curator and that the curator’s duties were suspended on Lekota’s death. Judge Millar rejected that argument, noting the original application was brought by Cynthia Lekota in her capacity as wife both over questions of Lekota’s state of mind and the financial management of the joint estate.

The judge said the declaratory order remained relevant to the winding up of the joint estate and rejected Adams’ contention that the costs order in the earlier matter should not have been made. He pointed to what the court characterised as mala fide conduct brought to its attention when awarding costs against Adams.

Interests at stake

Judge Millar framed the dispute as principally concerning the rights of Cynthia Lekota in the community estate, which the court said had been disregarded when transactions were made by someone who had no right to do so.

A curator appointed to the matter provided details of transactions from Lekota’s bank account to the court, and the record refers to the fact that the account was emptied on the day Adams agreed to the appointment of an interim curator.

What happens next

The court’s refusal of leave to appeal means the earlier declaratory judgment stands and the costs orders against Adams remain in place.

Key facts:

• Declaratory order: Lekota declared incapable from 25 May 2025 until his death in March this year.
• Appeal: Leave to appeal by Luzelle Adams was refused by Judge Anthony Millar.
• Costs: Adams was ordered to pay costs again after the leave application was dismissed.