Kekana and Another v Master of the High Court and Others (78433/2014) [2016] ZAGPPHC 771 (26 August 2016)

Kekana and Another v Master of the High Court and Others (78433/2014) [2016] ZAGPPHC 771 (26 August 2016)

The court found that the Master was functus officio after issuing the first letter of authority to the second applicant and had no power to issue a second letter of authority to the third respondent in the absence of special circumstances, which were not present. The subsequent appointment of the third respondent was invalid, as was the transfer of estate property based on that appointment. The Master failed to properly investigate the objection and relied on administrative errors related to a new computer system, which did not justify the second appointment. The documentation supporting the third respondent's appointment was incomplete and unsigned, further undermining its validity. The...

Citation
[2016] ZAGPPHC 771
Parties
Applicant: Patrick Lesiba Kekana; Applicant: Florence Hungwane; Respondent: Master of the High Court; Respondent: Zukiswa Skepu-Lyimo; Respondent: Teboga Kekana; Respondent: Happy Kekana; Respondent: Phillip Kekana; Respondent: David Kekana; Respondent: Victoria Molufefe Mfundisi; Respondent: Marie Victor Attorneys & Conveyancers; Respondent: Registrar of Deeds; Respondent: Standard Bank; Respondent: Clear Creek Trading (Pty) Ltd
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
26 August 2016
Case Number
78433/2014
Procedural Posture
Review Application / Judgment
Outcome
Application for review granted; decisions of the Master and subsequent property transfers set aside.
Judges
Van der Westhuizen
Legal Topics
Promotion of Administrative Justice Act, Administration of Estates Act, Functus Officio, Revocation of Letter of Authority, Invalid Transfer of Property
Administrative Law Land and Property Promotion of Administrative Justice Act Administration of Estates Act Functus Officio Revocation of Letter of Authority Invalid Transfer of Property

Case Brief

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Parties

Patrick Lesiba Kekana

Applicant

Florence Hungwane

Applicant

Master of the High Court

Respondent

Zukiswa Skepu-Lyimo

Respondent

Teboga Kekana

Respondent

Happy Kekana

Respondent

Phillip Kekana

Respondent

David Kekana

Respondent

Victoria Molufefe Mfundisi

Respondent

Marie Victor Attorneys & Conveyancers

Respondent

Registrar of Deeds

Respondent

Standard Bank

Respondent

Clear Creek Trading (Pty) Ltd

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the Master of the High Court was functus officio after issuing the first letter of authority to the second applicant.
  2. 2 Whether the subsequent appointment of the third respondent as executrix was valid.
  3. 3 Whether the transfers of estate property following the invalid appointment should be set aside.

Ratio Decidendi

The court found that the Master was functus officio after issuing the first letter of authority to the second applicant and had no power to issue a second letter of authority to the third respondent in the absence of special circumstances, which were not present. The subsequent appointment of the third respondent was invalid, as was the transfer of estate property based on that appointment. The Master failed to properly investigate the objection and relied on administrative errors related to a new computer system, which did not justify the second appointment. The documentation supporting the third respondent's appointment was incomplete and unsigned, further undermining its validity. The...

Court Disposition

Application for review granted; decisions of the Master and subsequent property transfers set aside.

Orders

  • The decisions by the first and second respondents on 24 July 2012, 5 May 2010, and 12 August 2012 regarding the revocation and issuance of letters of authority in the estate late Malumo Mary Kekana are set aside.
  • The purported agreement between the third and seventh respondents is declared invalid.