Baphalane BA Mantserre Beneficiaries and Another v Master of the High Court (Pretoria) and Others (730/2022) [2022] ZALMPPHC 25 (19 May 2022)

Baphalane BA Mantserre Beneficiaries and Another v Master of the High Court (Pretoria) and Others (730/2022) [2022] ZALMPPHC 25 (19 May 2022)

The Trustees, as duly appointed and authorised by the Master, have a clear right and obligation to administer the Trust's funds and act in the best interests of the community. The ex parte order appointing Mr. Baloyi as curator was set aside by Makoti AJ, and the Applicants' subsequent Notice of Appeal was invalid as no leave to appeal was sought or granted. The filing of a Notice of Appeal does not suspend the reconsideration order nor revive the ex parte order. The Trustees demonstrated a well-founded apprehension of irreparable harm should outsiders gain access to the Trust's funds, and no alternative remedy exists. The balance of convenience favours the Trustees, who are accountable...

Citation
[2022] ZALMPPHC 25
Parties
Applicant: Baphalane BA Mantserre Beneficiaries Association; Applicant: Basimane Marcus Mohale; Respondent: Master of the High Court (Pretoria); Respondent: Baphalane BA Mantserre Community Development Trust; Respondent: Shadrack Sello Ramokoka N.O; Respondent: Thabo Simon Seleke N.O; Respondent: Anna Monale Rangwetsi N.O; Respondent: Itshegeng Adelaide Maitsapo N.O; Respondent: Pinky Dineo Peta N.O; Respondent: Baphalane BA Mantserre Investment; Respondent: Baphalane Siyanda Chrome Company; Respondent: Baphalane Service Company; Respondent: Chrominet (Pty) Ltd; Respondent: Acacia Trading (Pty) Ltd; Respondent: Automatic Trading (Pty) Ltd; Respondent: Oakwood (Pty) Ltd; Respondent: Baphalane Community Minerals; Respondent: Standard Bank Northam Branch
Court
Limpopo High Court, Polokwane
Jurisdiction
South Africa
Judgment Date
19 May 2022
Case Number
730/2022
Procedural Posture
Urgent Application / Judgment After Urgent Application and Counter Application
Outcome
Application by the Trustees granted; Applicants' counter-application dismissed with costs.
Judges
E M Makgoba
Legal Topics
Interim Interdict, Trusteeship, Urgent Application, Lis Pendens, Res Judicata
Civil Procedure Land and Property Interim Interdict Trusteeship Urgent Application Lis Pendens Res Judicata

Case Brief

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Parties

Baphalane BA Mantserre Beneficiaries Association

Applicant

Basimane Marcus Mohale

Applicant

Master of the High Court (Pretoria)

Respondent

Baphalane BA Mantserre Community Development Trust

Respondent

Shadrack Sello Ramokoka N.O

Respondent

Thabo Simon Seleke N.O

Respondent

Anna Monale Rangwetsi N.O

Respondent

Itshegeng Adelaide Maitsapo N.O

Respondent

Pinky Dineo Peta N.O

Respondent

Baphalane BA Mantserre Investment

Respondent

Baphalane Siyanda Chrome Company

Respondent

Baphalane Service Company

Respondent

Chrominet (Pty) Ltd

Respondent

Acacia Trading (Pty) Ltd

Respondent

Automatic Trading (Pty) Ltd

Respondent

Oakwood (Pty) Ltd

Respondent

Baphalane Community Minerals

Respondent

Standard Bank Northam Branch

Respondent

Procedural Posture

Urgent Application / Judgment After Urgent Application and Counter Application

Legal Issues

  1. 1 Whether the Trustees of the Baphalane Ba Mantserre Community Development Trust are entitled to interim access to the Trust's bank accounts pending final determination of the main application.
  2. 2 Whether the Applicants or their appointed curator have any legal right to access the Trust's bank accounts after the ex parte order was set aside.
  3. 3 Whether the Applicants' counter-application is competent in light of previous orders and pending litigation.

Ratio Decidendi

The Trustees, as duly appointed and authorised by the Master, have a clear right and obligation to administer the Trust's funds and act in the best interests of the community. The ex parte order appointing Mr. Baloyi as curator was set aside by Makoti AJ, and the Applicants' subsequent Notice of Appeal was invalid as no leave to appeal was sought or granted. The filing of a Notice of Appeal does not suspend the reconsideration order nor revive the ex parte order. The Trustees demonstrated a well-founded apprehension of irreparable harm should outsiders gain access to the Trust's funds, and no alternative remedy exists. The balance of convenience favours the Trustees, who are accountable...

Court Disposition

Application by the Trustees granted; Applicants' counter-application dismissed with costs.

Orders

  • The application is heard as an urgent application and the rules relating to form, time periods and service are dispensed with.
  • Standard Bank Northam Branch is ordered to provide the Trustees (Third to Seventh Respondents) with full access to the Trust's bank accounts pending the outcome of the main application.