Domingo v Farmer and Others (1193/2017) [2018] ZANCHC 94 (15 June 2018)

Domingo v Farmer and Others (1193/2017) [2018] ZANCHC 94 (15 June 2018)

The court found that the applicant failed to establish that her late husband was an eligible beneficiary under the trust deed, as she did not plead or prove that he was dismissed for participating in industrial action or unlawful strike action in 1987. The trust deed expressly limited beneficiaries to those alive at the time of claim, and the applicant lacked locus standi to bring the application on behalf of the deceased estate or other successors. The exclusion of deceased workers' estates from the trust was not unconstitutional or unfairly discriminatory, as the trust settlement only compromised claims of living workers, and successors retained the right to pursue claims outside the...

Citation
[2018] ZANCHC 94
Parties
Applicant: Maria Magdalena Domingo; Respondent: Jasper Jacobus Farmer NO; Respondent: Neo Moyo NO; Respondent: Lambert Hendrik Kock NO; Respondent: Assmang Ltd; Respondent: The Master of the Above Honourable Court
Court
Northern Cape High Court, Kimberley
Jurisdiction
South Africa
Judgment Date
15 June 2018
Case Number
1193/2017
Procedural Posture
Constitutional Application / First Instance Judgment
Outcome
Application dismissed with costs.
Judges
Olivier
Legal Topics
Unfair Discrimination, Trust Deed Variation, Locus Standi, Public Interest Litigation, Administration of Estates, Trust Property Control Act
Constitutional Law Civil Procedure Unfair Discrimination Trust Deed Variation Locus Standi Public Interest Litigation Administration of Estates Trust Property Control Act

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 8 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Maria Magdalena Domingo

Applicant

Jasper Jacobus Farmer NO

Respondent

Neo Moyo NO

Respondent

Lambert Hendrik Kock NO

Respondent

Assmang Ltd

Respondent

The Master of the Above Honourable Court

Respondent

Procedural Posture

Constitutional Application / First Instance Judgment

Legal Issues

  1. 1 Whether clause 8.2.1 of the trust deed, which excludes estates of deceased beneficiaries from claiming, is unconstitutional.
  2. 2 Whether the applicant has locus standi to bring the application on behalf of the deceased estate or other successors.
  3. 3 Whether the trust deed can be varied to include successors of deceased workers as beneficiaries.

Ratio Decidendi

The court found that the applicant failed to establish that her late husband was an eligible beneficiary under the trust deed, as she did not plead or prove that he was dismissed for participating in industrial action or unlawful strike action in 1987. The trust deed expressly limited beneficiaries to those alive at the time of claim, and the applicant lacked locus standi to bring the application on behalf of the deceased estate or other successors. The exclusion of deceased workers' estates from the trust was not unconstitutional or unfairly discriminatory, as the trust settlement only compromised claims of living workers, and successors retained the right to pursue claims outside the...

Court Disposition

Application dismissed with costs.

Orders

  • The application is dismissed with costs.