Masithela N.O. and Others v Master of the High Court Pretoria and Others (60899/2021) [2024] ZAGPPHC 287 (19 March 2024)

Masithela N.O. and Others v Master of the High Court Pretoria and Others (60899/2021) [2024] ZAGPPHC 287 (19 March 2024)

The court found that the Winter Cereal Trust was incapacitated from acting in litigation due to having fewer than the minimum number of trustees required by its trust deed. The applicants, acting as trustees, could not lawfully institute proceedings or mandate attorneys without a properly constituted trustee body and valid resolutions. The purported authority given to Bokwa Law Incorporated was invalid, and the applicants failed to demonstrate compliance with the trust deed or joint action as required by law. The notice of substitution of parties was defective, as it was filed after the commencement of the hearing and without leave of court, contrary to Rule 15. Costs orders previously...

Citation
[2024] ZAGPPHC 287
Parties
Applicant: Neo Harrison Masithela N.O.; Applicant: Mmaphefo Elizabeth Mabe N.O.; Applicant: Teboho Victor Mongoato N.O.; Applicant: Butana Badi Maake N.O.; Applicant: Mmadineo Mary Mnisi N.O.; Applicant: Andrew Willie Bartlett N.O.; Applicant: The Winter Cereal Trust (IT 11410/97); Respondent: The Master of the High Court, Pretoria; Respondent: Johannes Francois de Villiers N.O.; Respondent: Geoff Roy Penny N.O.; Respondent: Mariana Purnell N.O.; Respondent: Boikanyo Mokgadli N.O.; Respondent: Andries Pretorius Theron N.O.
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
19 March 2024
Case Number
60899/2021
Procedural Posture
Urgent Application / Opposed Interlocutory Applications: Rule 30 A(2) and Rule 15(4)
Outcome
Applications in terms of Rule 30A(2) and Rule 15(4) granted; applicants found to lack authority; notice of substitution set aside; costs awarded against applicants in their personal capacities.
Judges
P J Vermeulen
Legal Topics
Trustee Authority, Joinder and Substitution, Rule 7 Challenge, Rule 30a Application, Trust Deed Interpretation, Costs Orders
Civil Procedure Land and Property Trustee Authority Joinder and Substitution Rule 7 Challenge Rule 30a Application Trust Deed Interpretation Costs Orders

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 18 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Neo Harrison Masithela N.O.

Applicant

Mmaphefo Elizabeth Mabe N.O.

Applicant

Teboho Victor Mongoato N.O.

Applicant

Butana Badi Maake N.O.

Applicant

Mmadineo Mary Mnisi N.O.

Applicant

Andrew Willie Bartlett N.O.

Applicant

The Winter Cereal Trust (IT 11410/97)

Applicant

The Master of the High Court, Pretoria

Respondent

Johannes Francois de Villiers N.O.

Respondent

Geoff Roy Penny N.O.

Respondent

Mariana Purnell N.O.

Respondent

Boikanyo Mokgadli N.O.

Respondent

Andries Pretorius Theron N.O.

Respondent

Procedural Posture

Urgent Application / Opposed Interlocutory Applications: Rule 30 A(2) and Rule 15(4)

Legal Issues

  1. 1 Whether the applicants and their attorneys had authority to act on behalf of the Winter Cereal Trust in the main application.
  2. 2 Whether the trust could lawfully institute proceedings with fewer than the minimum number of trustees required by the trust deed.
  3. 3 Whether the notice of substitution of parties was valid under Rule 15 after the commencement of the hearing.

Ratio Decidendi

The court found that the Winter Cereal Trust was incapacitated from acting in litigation due to having fewer than the minimum number of trustees required by its trust deed. The applicants, acting as trustees, could not lawfully institute proceedings or mandate attorneys without a properly constituted trustee body and valid resolutions. The purported authority given to Bokwa Law Incorporated was invalid, and the applicants failed to demonstrate compliance with the trust deed or joint action as required by law. The notice of substitution of parties was defective, as it was filed after the commencement of the hearing and without leave of court, contrary to Rule 15. Costs orders previously...

Court Disposition

Applications in terms of Rule 30A(2) and Rule 15(4) granted; applicants found to lack authority; notice of substitution set aside; costs awarded against applicants in their personal capacities.

Orders

  • Condonation is granted for the late filing of the Rule 30A(2) application.
  • It is declared that the First to Sixth Applicants and their attorney, Bokwa Law Incorporated, are not authorised to act on behalf of the Winter Cereal Trust in the main application.