Mathye v ABSA Trust Limited (42437/2021) [2022] ZAGPPHC 1018 (1 December 2022)

Mathye v ABSA Trust Limited (42437/2021) [2022] ZAGPPHC 1018 (1 December 2022)

The court found that the trust was established with clear conditions for its termination, specifically requiring the appointment of a curator ad litem to assess the applicant's capacity to manage his affairs upon reaching the age of 23. The applicant did not challenge the validity of the original court order nor did he appeal it. The court emphasized that orders are binding until set aside and that the respondent must comply with the requirement to appoint a curator ad litem. The applicant's constitutional arguments were not sufficient to override the procedural requirements set out in the original order. The application for termination was dismissed, and the respondent was ordered to...

Citation
[2022] ZAGPPHC 1018
Parties
Applicant: Mahlatse Mathye; Respondent: ABSA Trust Limited; Respondent: The Master of High Court Pretoria
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
1 December 2022
Case Number
42437/2021
Procedural Posture
Urgent Application / Application for Termination of Trust and Counter Application for Stay Pending Appointment of Curator Ad Litem
Outcome
Application dismissed; respondent ordered to appoint curator ad litem within thirty days; no costs order.
Judges
Munzhelele
Legal Topics
Trust Termination, Curator Ad Litem, Constitutional Rights, Trust Property Control Act, Uniform Rules of Court
Civil Procedure Land and Property Trust Termination Curator Ad Litem Constitutional Rights Trust Property Control Act Uniform Rules of Court

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 4 Authorities cited 9 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Mahlatse Mathye

Applicant

ABSA Trust Limited

Respondent

The Master of High Court Pretoria

Respondent

Procedural Posture

Urgent Application / Application for Termination of Trust and Counter Application for Stay Pending Appointment of Curator Ad Litem

Legal Issues

  1. 1 Whether the trust established for the applicant should be terminated upon him reaching the age of 23 years.
  2. 2 Whether the appointment of a curator ad litem is necessary to determine the applicant's capacity to manage his affairs.
  3. 3 Whether the conditions for termination of the trust infringe the applicant's constitutional rights.

Ratio Decidendi

The court found that the trust was established with clear conditions for its termination, specifically requiring the appointment of a curator ad litem to assess the applicant's capacity to manage his affairs upon reaching the age of 23. The applicant did not challenge the validity of the original court order nor did he appeal it. The court emphasized that orders are binding until set aside and that the respondent must comply with the requirement to appoint a curator ad litem. The applicant's constitutional arguments were not sufficient to override the procedural requirements set out in the original order. The application for termination was dismissed, and the respondent was ordered to...

Court Disposition

Application dismissed; respondent ordered to appoint curator ad litem within thirty days; no costs order.

Orders

  • The applicant's application is dismissed.
  • The first respondent is ordered to appoint a curator ad litem within thirty (30) days of this order to determine whether the applicant can manage his affairs.