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Africa guardianship is voluntary.

sary, for guardianship is at the present day a purely voluntary office, which no one can be compelled to undertake against his will.^[1] This marks a departure from the Roman-Dutch common law, according to which every one who was named guardian was bound to accept the office, and in the case of unwillingness could be compelled to undertake it by civil imprisonment.^[2]

Section 3.—The Powers, Rights, and Duties of Guardians

The duties and functions of guardians: Without seeking to distinguish too exactly between the duties and the powers or rights of guardians, we may classify their functions of whatever kind under the following heads.

(1) To find security; 1. The duty to find security. In Holland practice varied in different localities. Van der Linden says:^[3] ‘The practice of guardians finding security is in our law fairly out of use, though where there are weighty reasons for doing so the Court may demand it.’ But in South Africa, by the Administration of Estates Act, 1913, s. 82, every tutor and every curator now gives security, except only a testamentary tutor or a curator nominate when: (a) he is the parent of the minor; or (b) has been nominated by will executed before the commencement of the Act (October 1, 1913), and has not been directed by the will to find security; or (c) has been nominated by will executed after the commencement of the Act and the testator has directed the Master to dispense with security; or (d) the Court otherwise directs.

(2) to make an inventory;

2. Inventory. Guardians must make a full inventory of the estate which they are to administer, or demand an

1. 1 Maasdorp, p. 244; Administration of Estates Act, 1913, sec. 73 (2). In Brit. Gui. a beneficiary under the will, or the parent, child, grandparent, grandchild, brother, sister, uncle, or aunt of the testator, must obtain the permission of the Court to enable him or her to refuse the guardianship. A non-relative is not compelled to act, but must file with the Registrar an affidavit that he does not desire to act. Ord. No. 12 of 1906, sec. 16 [G.].
2. Gr. 1. 7. 15; Van Leeuwen, 1. 16. 5; V. d. L. 1. 5. 1.
3. V. d. L. 1. 5. 3. Cf. Gr. 1. 9. 1; Voet, 26. 7. 2; V. d. K. Th. 134.