Gerntholtz and Others v Pieterse N.O and Others (3958/2023) [2025] ZAWCHC 51 (18 February 2025)

Gerntholtz and Others v Pieterse N.O and Others (3958/2023) [2025] ZAWCHC 51 (18 February 2025)

The court found that the bequest in the will of Grantland Michael Bray to the Boerelegioen and Pathfinder entities is void for vagueness, as the will fails to specify which entity is the intended beneficiary and what portion of the estate is to be allocated. Extrinsic evidence revealed multiple entities bearing the Boerelegioen name and no clear indication of the testator's intention. Furthermore, the court held that the bequest is contrary to public policy, as the Boerelegioen is a white supremacist group whose activities include unlawful paramilitary training, racial exclusion, and incitement of racial hatred, all of which violate constitutional values and statutory provisions such as...

Citation
[2025] ZAWCHC 51
Parties
Applicant: Madeleine Louise Gerntholtz; Applicant: Lindsay Caroline Tegroen; Applicant: Roger David Bray; Applicant: Gregory Jon Bray; Respondent: Jacobus Nicolaas Johannes Pieterse N.O.; Respondent: Boerelegioen RSA (PTY) LTD; Respondent: Boerelegioen NPC; Respondent: Pathfinder Bushcraft & Survival (PTY) LTD; Respondent: Madeleine Gerntholtz N.O.; Respondent: Lindsay Caroline Tegroen N.O.; Respondent: Roger David Bray N.O.; Respondent: Gregory John Bray N.O.; Respondent: Darron West N.O.; Respondent: Master of the High Court; Respondent: Minister of Justice; Respondent: Minister of Police; Respondent: Minister of State Security
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
18 February 2025
Case Number
3958/2023
Procedural Posture
Review Application / Final Judgment on Application to Declare Testamentary Bequest Invalid
Outcome
Application granted. The bequest in the will is declared invalid for vagueness and as contrary to public policy. Assets devolve by intestate succession. Costs awarded against second and third respondents on Scale C, including costs of two counsel.
Judges
R Allie
Legal Topics
Testamentary Freedom, Public Policy Exception, Racial Discrimination, Void for Vagueness, Private Security Regulation, Bill of Rights Limitation
Family and Children Constitutional Law Civil Procedure Testamentary Freedom Public Policy Exception Racial Discrimination Void for Vagueness Private Security Regulation +1 more

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Parties

Madeleine Louise Gerntholtz

Applicant

Lindsay Caroline Tegroen

Applicant

Roger David Bray

Applicant

Gregory Jon Bray

Applicant

Jacobus Nicolaas Johannes Pieterse N.O.

Respondent

Boerelegioen RSA (PTY) LTD

Respondent

Boerelegioen NPC

Respondent

Pathfinder Bushcraft & Survival (PTY) LTD

Respondent

Madeleine Gerntholtz N.O.

Respondent

Lindsay Caroline Tegroen N.O.

Respondent

Roger David Bray N.O.

Respondent

Gregory John Bray N.O.

Respondent

Darron West N.O.

Respondent

Master of the High Court

Respondent

Minister of Justice

Respondent

Minister of Police

Respondent

Minister of State Security

Respondent

Procedural Posture

Review Application / Final Judgment on Application to Declare Testamentary Bequest Invalid

Legal Issues

  1. 1 Whether the bequest in the testator's will to the Boerelegioen and Pathfinder entities is void for vagueness.
  2. 2 Whether the bequest is contrary to public policy due to its alleged promotion of racial hatred and unlawful paramilitary activity.
  3. 3 Whether assets subject to the invalid bequest should devolve by intestate succession.

Ratio Decidendi

The court found that the bequest in the will of Grantland Michael Bray to the Boerelegioen and Pathfinder entities is void for vagueness, as the will fails to specify which entity is the intended beneficiary and what portion of the estate is to be allocated. Extrinsic evidence revealed multiple entities bearing the Boerelegioen name and no clear indication of the testator's intention. Furthermore, the court held that the bequest is contrary to public policy, as the Boerelegioen is a white supremacist group whose activities include unlawful paramilitary training, racial exclusion, and incitement of racial hatred, all of which violate constitutional values and statutory provisions such as...

Court Disposition

Application granted. The bequest in the will is declared invalid for vagueness and as contrary to public policy. Assets devolve by intestate succession. Costs awarded against second and third respondents on Scale C, including costs of two counsel.

Orders

  • The bequest to second, alternatively, third respondent, alternatively fourth respondent in paragraph 3 of the last will and testament of Grant Michael Bray, dated 15 December 2020, as read with the codicil dated 3 June 2021, is declared invalid on the basis that it is void for vagueness and contrary to public policy.
  • It is declared that the assets bequeathed in terms of paragraph 3 of the will devolve by intestate succession.