Fesi and Another v Trustees Elect of the Ndabeni Communal Property Trust (411/2017, 412/2017) [2018] ZASCA 33; [2018] 2 All SA 617 (SCA) (27 March 2018)

Fesi and Another v Trustees Elect of the Ndabeni Communal Property Trust (411/2017, 412/2017) [2018] ZASCA 33; [2018] 2 All SA 617 (SCA) (27 March 2018)

The Supreme Court of Appeal held that the respondents were not validly elected as trustees in accordance with the trust deed, as the verification of eligible community members was incomplete and notices could not be properly served. The absence of a verified membership register meant that the annual general meeting could not be properly convened, and a quorum could not be determined. The Master was justified in refusing to issue letters of authority, given the pending litigation, unresolved concerns about the legality of the election, and the questionable conduct of the respondents and their attorney. The court emphasised the importance of compliance with statutory and constitutional...

Citation
[2018] ZASCA 33
Parties
Appellant: Fikiswa Fesi; Appellant: Master of the Western Cape High Court, Cape Town; Respondent: Trustees Elect of the Ndabeni Communal Property Trust (IT 1056/98)
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
27 March 2018
Case Number
411/2017 & 412/2017
Procedural Posture
Civil Appeal / Appeal From Western Cape Division, Cape Town
Outcome
Appeal upheld. The order of the court below is set aside and substituted with dismissal of the application with costs, including costs of two counsel.
Judges
Navsa, Swain, Mbha, Pillay D, Schippers
Legal Topics
Trust Property Control Act, Land Restitution, Fiduciary Duties, Appointment of Trustees, Administrative Action, Community Beneficiaries
Land and Property Civil Procedure Constitutional Law Trust Property Control Act Land Restitution Fiduciary Duties Appointment of Trustees Administrative Action +1 more

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Parties

Fikiswa Fesi

Appellant

Master of the Western Cape High Court, Cape Town

Appellant

Trustees Elect of the Ndabeni Communal Property Trust (IT 1056/98)

Respondent

Procedural Posture

Civil Appeal / Appeal From Western Cape Division, Cape Town

Legal Issues

  1. 1 Whether the six respondents were lawfully elected as trustees in terms of the trust deed.
  2. 2 Whether the Master was correct in refusing to issue letters of authority to the respondents.
  3. 3 Whether the process for verifying community membership was properly followed.

Ratio Decidendi

The Supreme Court of Appeal held that the respondents were not validly elected as trustees in accordance with the trust deed, as the verification of eligible community members was incomplete and notices could not be properly served. The absence of a verified membership register meant that the annual general meeting could not be properly convened, and a quorum could not be determined. The Master was justified in refusing to issue letters of authority, given the pending litigation, unresolved concerns about the legality of the election, and the questionable conduct of the respondents and their attorney. The court emphasised the importance of compliance with statutory and constitutional...

Court Disposition

Appeal upheld. The order of the court below is set aside and substituted with dismissal of the application with costs, including costs of two counsel.

Orders

  • The appeal is upheld with costs, including the costs of two counsel.
  • The order of the court below is set aside and substituted as follows: 'The application is dismissed with costs including the costs of two counsel where so employed.'