Bakubung ba Ratheo Traditional Community and Another v Gumbi N.O. and Others (UM48/2017) [2017] ZANWHC 88 (8 December 2017)

Bakubung ba Ratheo Traditional Community and Another v Gumbi N.O. and Others (UM48/2017) [2017] ZANWHC 88 (8 December 2017)

The court found that the applicants were entitled to urgent interim relief to preserve the funds transferred from the Community Trust, as the transfer of R3,400,000.00 was not shown to be for the benefit of the Community or in accordance with the Trust Deed. The Traditional Administration Trust failed to provide...

Source-derived case information.

Citation
[2017] ZANWHC 88
Parties
Applicant: Bakubung Ba Ratheo Traditional Community; Applicant: Solomon Mphuphute Monnakgotla N.O.; Respondent: Jabulani Ben Gumbi N.O.; Respondent: Margaret Mapaseko Monnakgotla N.O.; Respondent: Simon Simi Morwane N.O.; Respondent: Malaoli Edwin Mohlabi N.O.; Respondent: Peter Motlapele Hamlet Morule N.O.; Respondent: Bakubung Minerals (Pty) Ltd; Respondent: Wesizwe Platinum Limited; Respondent: Fluxmans Incorporated Attorneys; Respondent: First National Bank; Respondent: Department of Mineral Resources, North West; Respondent: Minister of Rural Land Development and Land Reform; Respondent: Master of the High Court, Gauteng Local Division, Johannesburg; Respondent: Refilwe Monnakgotla N.O.
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
8 December 2017
Case Number
UM48/2017
Procedural Posture
Urgent Application / Part a (interim Interdict); Part B (main Relief)
Outcome
Interim relief granted in part; funds transferred from the Community Trust to the Traditional Administration Trust during the relevant period are to be frozen and preserved pending final determination of Part B. Each party to pay its own costs for Part A.
Judges
GUTTA
Legal Topics
Trust Funds Preservation, Fiduciary Duties of Trustees, Urgent Interdict, Traditional Leadership Removal, Notarial Lease Payments, Bank Account Freezing
Land and Property Civil Procedure Commercial and Corporate Trust Funds Preservation Fiduciary Duties of Trustees Urgent Interdict Traditional Leadership Removal Notarial Lease Payments +1 more

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Parties

Bakubung Ba Ratheo Traditional Community

Applicant

Solomon Mphuphute Monnakgotla N.O.

Applicant

Jabulani Ben Gumbi N.O.

Respondent

Margaret Mapaseko Monnakgotla N.O.

Respondent

Simon Simi Morwane N.O.

Respondent

Malaoli Edwin Mohlabi N.O.

Respondent

Peter Motlapele Hamlet Morule N.O.

Respondent

Bakubung Minerals (Pty) Ltd

Respondent

Wesizwe Platinum Limited

Respondent

Fluxmans Incorporated Attorneys

Respondent

First National Bank

Respondent

Department of Mineral Resources, North West

Respondent

Minister of Rural Land Development and Land Reform

Respondent

Master of the High Court, Gauteng Local Division, Johannesburg

Respondent

Refilwe Monnakgotla N.O.

Respondent

Procedural Posture

Urgent Application / Part a (interim Interdict); Part B (main Relief)

Legal Issues

  1. 1 Whether the applicants are entitled to urgent interim relief to preserve trust funds pending final determination of the main application.
  2. 2 Whether the trustees of the Community Trust acted lawfully in transferring R3,400,000.00 for legal fees and trust needs.
  3. 3 Whether the Traditional Administration Trust is entitled to receive funds from the Community Trust and pay legal fees to Fluxmans Attorneys.

Ratio Decidendi

The court found that the applicants were entitled to urgent interim relief to preserve the funds transferred from the Community Trust, as the transfer of R3,400,000.00 was not shown to be for the benefit of the Community or in accordance with the Trust Deed. The Traditional Administration Trust failed to provide adequate disclosure regarding the receipt and use of the funds, and did not justify the payment of legal fees to Fluxmans Attorneys. The court held that the second applicant retained locus standi until the Premier formally withdrew recognition as Kgosi. The relief sought against the Traditional Administration Trust was limited to the amount transferred from the Community Trust, as...

Court Disposition

Interim relief granted in part; funds transferred from the Community Trust to the Traditional Administration Trust during the relevant period are to be frozen and preserved pending final determination of Part B. Each party to pay its own costs for Part A.

Orders

  • Refilwe Monnakgotla is joined as thirteenth respondent.
  • Argument in the intervention application is postponed to the same day as the hearing of Part B.