Malatji v Ledwaba NO and Others (1136/19) [2021] ZASCA 29 (30 March 2021)

Malatji v Ledwaba NO and Others (1136/19) [2021] ZASCA 29 (30 March 2021)

The Supreme Court of Appeal found that the general meeting and election of trustees were not conducted in accordance with the 2018 court order and the trust deed. The trust deed required beneficiaries to be physically present to vote, and did not permit voting by proxy for deceased or absent beneficiaries. The methodology adopted for the election, including the use of proxies and the voting procedure, was in breach of the trust deed. The court rejected the respondents' arguments regarding waiver and estoppel, finding that these defences were not properly pleaded or established on the evidence. As a result, the election was declared unlawful and set aside, and directions were given for a...

Citation
[2021] ZASCA 29
Parties
Appellant: Thetele Joseph Malatji; Respondent: Maponya Lazarus Ledwaba NO; Respondent: Gisela Stols NO; Respondent: The Master of the High Court Gauteng Division Pretoria; Respondent: The Minister for Rural Development and Land Reform; Respondent: Provincial Shared Services Centre of the Department of Rural Development and Land Reform Limpopo Province; Respondent: The Regional Land Claims Commissioner Limpopo Province; Respondent: Refilwe Irene Letsoalo; Respondent: Motlokwa Suzan Mojapelo; Respondent: Zili Masetla; Respondent: Phutiane Curry Letsoalo; Respondent: Mankuroane Modiba; Respondent: Ali Maake; Respondent: Veronica Sebolawa Motswi; Respondent: Frans Mokoena Kubjana; Respondent: Jimmy Kubjana; Respondent: David Mehlape-Malatji; Respondent: Maite Moser; Respondent: Mary Ntoampe; Respondent: Jane Mahasha; Respondent: Mokopa William Monyama
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
30 March 2021
Case Number
1136/19
Procedural Posture
Civil Appeal / Appeal From Limpopo Division of the High Court, Polokwane
Outcome
Appeal upheld; the election and meeting of 12 January 2019 declared unlawful and set aside; trustees elected at that meeting interdicted from acting; new election process ordered under strict conditions.
Judges
Saldulker, Mbha, Mbatha, Gorven, Eksteen
Legal Topics
Trust Deed Interpretation, Election of Trustees, Proxy Voting, Waiver and Estoppel
Land and Property Civil Procedure Trust Deed Interpretation Election of Trustees Proxy Voting Waiver and Estoppel

Case Brief

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Parties

Thetele Joseph Malatji

Appellant

Maponya Lazarus Ledwaba NO

Respondent

Gisela Stols NO

Respondent

The Master of the High Court Gauteng Division Pretoria

Respondent

The Minister for Rural Development and Land Reform

Respondent

Provincial Shared Services Centre of the Department of Rural Development and Land Reform Limpopo Province

Respondent

The Regional Land Claims Commissioner Limpopo Province

Respondent

Refilwe Irene Letsoalo

Respondent

Motlokwa Suzan Mojapelo

Respondent

Zili Masetla

Respondent

Phutiane Curry Letsoalo

Respondent

Mankuroane Modiba

Respondent

Ali Maake

Respondent

Veronica Sebolawa Motswi

Respondent

Frans Mokoena Kubjana

Respondent

Jimmy Kubjana

Respondent

David Mehlape-Malatji

Respondent

Maite Moser

Respondent

Mary Ntoampe

Respondent

Jane Mahasha

Respondent

Mokopa William Monyama

Respondent

Procedural Posture

Civil Appeal / Appeal From Limpopo Division of the High Court, Polokwane

Legal Issues

  1. 1 Whether the general meeting and election of trustees were conducted in compliance with the 2018 court order and the trust deed.
  2. 2 Whether voting by proxy was permissible under the trust deed and the 2018 order.
  3. 3 Whether the method of voting adopted at the meeting was valid under the trust deed.

Ratio Decidendi

The Supreme Court of Appeal found that the general meeting and election of trustees were not conducted in accordance with the 2018 court order and the trust deed. The trust deed required beneficiaries to be physically present to vote, and did not permit voting by proxy for deceased or absent beneficiaries. The methodology adopted for the election, including the use of proxies and the voting procedure, was in breach of the trust deed. The court rejected the respondents' arguments regarding waiver and estoppel, finding that these defences were not properly pleaded or established on the evidence. As a result, the election was declared unlawful and set aside, and directions were given for a...

Court Disposition

Appeal upheld; the election and meeting of 12 January 2019 declared unlawful and set aside; trustees elected at that meeting interdicted from acting; new election process ordered under strict conditions.

Orders

  • The appeal is upheld with costs, including the costs of two counsel where so employed.
  • The order of the court a quo dated 8 August 2019 is set aside and replaced with a detailed order.