Deedat and Others v Master of the Supreme Court, Natal and Others (253/94) [1994] ZASCA 185; 1995 (2) SA 377 (AD); [1995] 2 All SA 60 (A) (30 November 1994)

Deedat and Others v Master of the Supreme Court, Natal and Others (253/94) [1994] ZASCA 185; 1995 (2) SA 377 (AD); [1995] 2 All SA 60 (A) (30 November 1994)

The court held that the IPCI was constituted as a valid charitable trust under South African law. Although the trust deed did not expressly identify the source and nature of the trust property, extraneous evidence such as audited financial statements and the transfer of assets from IPC to IPCI established the existence and extent of the trust fund. The requirements of the common law for a definite and identifiable subject matter were satisfied. The court further found that the IPCI qualified as a trust for the purposes of the Trust Property Control Act No. 57 of 1988, as the arrangement and trust instrument met the statutory definition. The Master was therefore entitled to exercise...

Citation
[1994] ZASCA 185
Parties
Appellant: Yousuf Ahmed Deedat; Appellant: Ahmed Hoosen Deedat; Appellant: Goolam Hoosen Agjee; Respondent: Master of the Supreme Court (Natal); Respondent: Yusiif AiiY; Respondent: Naushad Hoosen; Respondent: Islamic Propagation Centre International
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
30 November 1994
Case Number
253/94
Procedural Posture
Civil Appeal / Appeal From Judgment of Natal Provincial Division
Outcome
Appeal dismissed with costs, including costs of two counsel for the First Respondent.
Judges
Joubert, Van Heerden, Vivier, Nienaber, Howie
Legal Topics
Trust Property Control Act, Definition of Trust, Charitable Trusts, Subject Matter of Trust
Land and Property Civil Procedure Trust Property Control Act Definition of Trust Charitable Trusts Subject Matter of Trust

Case Brief

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Parties

Yousuf Ahmed Deedat

Appellant

Ahmed Hoosen Deedat

Appellant

Goolam Hoosen Agjee

Appellant

Master of the Supreme Court (Natal)

Respondent

Yusiif AiiY

Respondent

Naushad Hoosen

Respondent

Islamic Propagation Centre International

Respondent

Procedural Posture

Civil Appeal / Appeal From Judgment of Natal Provincial Division

Legal Issues

  1. 1 Whether the Islamic Propagation Centre International (IPCI) constitutes a valid trust under South African law.
  2. 2 Whether the IPCI qualifies as a trust for the purposes of the Trust Property Control Act No. 57 of 1988.
  3. 3 Whether the Master of the Supreme Court is entitled to exercise statutory powers over the IPCI and its trustees.

Ratio Decidendi

The court held that the IPCI was constituted as a valid charitable trust under South African law. Although the trust deed did not expressly identify the source and nature of the trust property, extraneous evidence such as audited financial statements and the transfer of assets from IPC to IPCI established the existence and extent of the trust fund. The requirements of the common law for a definite and identifiable subject matter were satisfied. The court further found that the IPCI qualified as a trust for the purposes of the Trust Property Control Act No. 57 of 1988, as the arrangement and trust instrument met the statutory definition. The Master was therefore entitled to exercise...

Court Disposition

Appeal dismissed with costs, including costs of two counsel for the First Respondent.

Orders

  • The appeal is dismissed with costs, including the costs of two counsel for the First Respondent.
  • No relief is granted against the Fourth Respondent.