Glencore Operations South Africa (Pty) Ltd and Another v Master of The High Court, North West and Others (M584/2020) [2022] ZANWHC 38 (30 September 2022)

Glencore Operations South Africa (Pty) Ltd and Another v Master of The High Court, North West and Others (M584/2020) [2022] ZANWHC 38 (30 September 2022)

The court found that the Kgosi, as sole trustee, failed to appoint additional trustees and did not account to the community, resulting in his removal by the Master. The trust was left without trustees, which would prejudice the community. The Traditional Council, although its term had expired, continued to have authority until a new council was elected, as established by precedent. The Master acted within the powers conferred by section 7(1) of the Trust Property Control Act by appointing trustees after consulting interested parties. The applicants had knowledge of and acquiesced to the appointment of the trustees and failed to demonstrate any prejudice to their interests. The challenge...

Citation
[2022] ZANWHC 38
Parties
Applicant: Glencore Operations South Africa (Pty) Ltd; Applicant: Letlhogonolo O. Segadikana Tshikana; Respondent: Master of The High Court, North West; Respondent: Rebone Eugene Morebodi; Respondent: Patrick Motsamai Mogotsi; Respondent: Motlalepule Christine Mathibedi; Respondent: Machake Lucas Mosane; Respondent: Daniel Makena; Respondent: Nicky Joseph Lethebe; Respondent: Kgosi Tebogo R. Motheo Mamogale; Respondent: Jim Matsho N.O.; Respondent: Bakwena Ba Mogopa Traditional Council; Respondent: Lawrence Mashigo
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
30 September 2022
Case Number
M584/2020
Procedural Posture
Review Application / Judgment
Outcome
Application dismissed; counterclaim granted.
Judges
DJAJE
Legal Topics
Trust Deed Amendment, Appointment of Trustees, Traditional Council Authority, Trust Property Control Act, Community Benefit, Joinder and Misjoinder
Land and Property Civil Procedure Commercial and Corporate Trust Deed Amendment Appointment of Trustees Traditional Council Authority Trust Property Control Act Community Benefit +1 more

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Parties

Glencore Operations South Africa (Pty) Ltd

Applicant

Letlhogonolo O. Segadikana Tshikana

Applicant

Master of The High Court, North West

Respondent

Rebone Eugene Morebodi

Respondent

Patrick Motsamai Mogotsi

Respondent

Motlalepule Christine Mathibedi

Respondent

Machake Lucas Mosane

Respondent

Daniel Makena

Respondent

Nicky Joseph Lethebe

Respondent

Kgosi Tebogo R. Motheo Mamogale

Respondent

Jim Matsho N.O.

Respondent

Bakwena Ba Mogopa Traditional Council

Respondent

Lawrence Mashigo

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the second to seventh respondents were lawfully appointed as trustees of the Bakwena-ba-Mogopa Community Trust.
  2. 2 Whether the Master of the High Court acted within the powers conferred by the Trust Property Control Act in appointing trustees.
  3. 3 Whether the Traditional Council had authority to nominate trustees after its term expired.

Ratio Decidendi

The court found that the Kgosi, as sole trustee, failed to appoint additional trustees and did not account to the community, resulting in his removal by the Master. The trust was left without trustees, which would prejudice the community. The Traditional Council, although its term had expired, continued to have authority until a new council was elected, as established by precedent. The Master acted within the powers conferred by section 7(1) of the Trust Property Control Act by appointing trustees after consulting interested parties. The applicants had knowledge of and acquiesced to the appointment of the trustees and failed to demonstrate any prejudice to their interests. The challenge...

Court Disposition

Application dismissed; counterclaim granted.

Orders

  • The application is dismissed.
  • The Trust Deed registered under IT33/2009 is to be amended as per 'REM41' attached to the answering affidavit of the second to seventh respondents.