Afriforum NPC and Others v Van Der Walt and Others (54318/2021) [2024] ZAGPPHC 203 (12 March 2024)

Afriforum NPC and Others v Van Der Walt and Others (54318/2021) [2024] ZAGPPHC 203 (12 March 2024)

The application for leave to appeal is dismissed on the basis that the sixth and seventh applicants lack locus standi, as they are not acting on behalf of the Trust and are not beneficiaries. This procedural defect is dispositive of the application. The court also addressed the grounds of appeal, finding that the applicants' challenge to the findings regarding their conduct and the timing of trustee powers was not supported by the facts. The declaratory relief and costs order granted in the main judgment remain unaffected.

Citation
[2024] ZAGPPHC 203
Parties
Applicant: Afriforum NPC; Applicant: Solidarity Trade Union; Applicant: Joyce Kathryn Jansen Van Rensburg; Applicant: Ijay Van Der Walt; Applicant: Babsie Sharon Kruger; Applicant: Ignatius Johannes Du Preez N.O.; Applicant: Marius Wynand Schoeman N.O.; Respondent: Frederick Johannes Van Der Walt; Respondent: Ignatius Johannes Van Der Walt; Respondent: Engela Carolina Nel; Respondent: The Master of the High Court, Pretoria; Respondent: Willem Francois Bouwer; Respondent: Willem Andries Filmalter
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
12 March 2024
Case Number
54318/2021
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Against Declaratory and Costs Orders
Outcome
Application for leave to appeal dismissed with costs against the sixth and seventh applicants in their personal capacity.
Judges
S Potterill
Legal Topics
Trustee Removal, Locus Standi, Declaratory Relief, Costs Order
Civil Procedure Land and Property Trustee Removal Locus Standi Declaratory Relief Costs Order

Case Brief

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Parties

Afriforum NPC

Applicant

Solidarity Trade Union

Applicant

Joyce Kathryn Jansen Van Rensburg

Applicant

Ijay Van Der Walt

Applicant

Babsie Sharon Kruger

Applicant

Ignatius Johannes Du Preez N.O.

Applicant

Marius Wynand Schoeman N.O.

Applicant

Frederick Johannes Van Der Walt

Respondent

Ignatius Johannes Van Der Walt

Respondent

Engela Carolina Nel

Respondent

The Master of the High Court, Pretoria

Respondent

Willem Francois Bouwer

Respondent

Willem Andries Filmalter

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Against Declaratory and Costs Orders

Legal Issues

  1. 1 Whether the sixth and seventh applicants have locus standi to seek leave to appeal as co-trustees not acting on behalf of the Trust.
  2. 2 Whether the declaratory relief and costs order granted in the main judgment should be subject to appeal.
  3. 3 Whether the removal of the first respondent as trustee was in the best interests of the Trust.

Ratio Decidendi

The application for leave to appeal is dismissed on the basis that the sixth and seventh applicants lack locus standi, as they are not acting on behalf of the Trust and are not beneficiaries. This procedural defect is dispositive of the application. The court also addressed the grounds of appeal, finding that the applicants' challenge to the findings regarding their conduct and the timing of trustee powers was not supported by the facts. The declaratory relief and costs order granted in the main judgment remain unaffected.

Court Disposition

Application for leave to appeal dismissed with costs against the sixth and seventh applicants in their personal capacity.

Orders

  • The application for leave to appeal is dismissed.
  • The sixth and seventh applicants are to carry the costs in their personal capacity as they are not acting on behalf of the Trust.