Gumede and Others v Master of the High Court, Pietermaritzburg and Others (4315/2024P) [2025] ZAKZPHC 22 (26 February 2025)

Gumede and Others v Master of the High Court, Pietermaritzburg and Others (4315/2024P) [2025] ZAKZPHC 22 (26 February 2025)

The court found that the Master of the High Court acted outside the powers conferred by the Trust Property Control Act and the Trust Deed in appointing both the independent trustees (second and third applicants) and the new trustees (second to eleventh respondents). The Trust Deed did not authorise the Master to appoint independent trustees, nor did the Act provide for such appointments or for the extension of trustees' terms in the manner done. The purported appointments and authorisations were not based on lawful appointment as trustees. Consequently, the decision to appoint the new trustees on 20 February 2024 was unlawful and must be set aside. The application for reinstatement of the...

Citation
[2025] ZAKZPHC 22
Parties
Applicant: Dumisani Zakhele Gumede; Applicant: Xolani Maqhawe Zondo N.O; Applicant: Bongolwethu Precious Nota N.O; Respondent: Master of the High Court, Pietermaritzburg; Respondent: Bongumusa Joseph Mfeka; Respondent: Solani Norah Zulu; Respondent: Sipho Vusumuzi Mlungungwana; Respondent: Muziwenkosi Mkanene Mkwanazi; Respondent: Themba Eric Msweli; Respondent: Bhekinkosi Coshi Mfekayi; Respondent: Thembinkosi Almon Mlungwana; Respondent: Caleb Mthokozweni Msweli; Respondent: Bonginkosi Ishmael Ndlovu; Respondent: Loveness Silindile Mfekayi; Respondent: Minister of Agriculture Forestry and Fisheries
Court
Kwazulu-Natal High Court, Pietermaritzburg
Jurisdiction
South Africa
Judgment Date
26 February 2025
Case Number
4315/2024P
Procedural Posture
Review Application / Final Judgment
Outcome
Application dismissed; appointment of trustees on 20 February 2024 reviewed and set aside; no order as to costs.
Judges
Mngadi
Legal Topics
Trust Property Control Act, Appointment and Removal of Trustees, Judicial Review of Administrative Action, Locus Standi, Trust Deed Interpretation
Land and Property Civil Procedure Administrative Law Trust Property Control Act Appointment and Removal of Trustees Judicial Review of Administrative Action Locus Standi Trust Deed Interpretation

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Parties

Dumisani Zakhele Gumede

Applicant

Xolani Maqhawe Zondo N.O

Applicant

Bongolwethu Precious Nota N.O

Applicant

Master of the High Court, Pietermaritzburg

Respondent

Bongumusa Joseph Mfeka

Respondent

Solani Norah Zulu

Respondent

Sipho Vusumuzi Mlungungwana

Respondent

Muziwenkosi Mkanene Mkwanazi

Respondent

Themba Eric Msweli

Respondent

Bhekinkosi Coshi Mfekayi

Respondent

Thembinkosi Almon Mlungwana

Respondent

Caleb Mthokozweni Msweli

Respondent

Bonginkosi Ishmael Ndlovu

Respondent

Loveness Silindile Mfekayi

Respondent

Minister of Agriculture Forestry and Fisheries

Respondent

Procedural Posture

Review Application / Final Judgment

Legal Issues

  1. 1 Whether the Master of the High Court lawfully appointed and removed trustees of the Western Shores Communal Property Trust.
  2. 2 Whether the appointments and removals complied with the Trust Property Control Act and the Trust Deed.
  3. 3 Whether the applicants have locus standi to demand appointment or reinstatement as trustees.

Ratio Decidendi

The court found that the Master of the High Court acted outside the powers conferred by the Trust Property Control Act and the Trust Deed in appointing both the independent trustees (second and third applicants) and the new trustees (second to eleventh respondents). The Trust Deed did not authorise the Master to appoint independent trustees, nor did the Act provide for such appointments or for the extension of trustees' terms in the manner done. The purported appointments and authorisations were not based on lawful appointment as trustees. Consequently, the decision to appoint the new trustees on 20 February 2024 was unlawful and must be set aside. The application for reinstatement of the...

Court Disposition

Application dismissed; appointment of trustees on 20 February 2024 reviewed and set aside; no order as to costs.

Orders

  • The application is dismissed.
  • The appointment of trustees of Western Shores Communal Property Trust on 20 February 2024, the 2nd to 11th Respondents, is hereby reviewed and set aside.