Mulaudzi and Another v Master of the High Court, Pretoria and Others (21848/17) [2020] ZAGPPHC 597 (16 October 2020)

Mulaudzi and Another v Master of the High Court, Pretoria and Others (21848/17) [2020] ZAGPPHC 597 (16 October 2020)

The court considered the requirements for leave to appeal under section 17(1) of the Superior Courts Act, noting the raised threshold and the need for a realistic prospect of success. The Public Protector's report was found to be irrelevant to the present application, as it concerned maladministration by the Master of the South Gauteng High Court and not the North Gauteng High Court, and there was no evidence that the 48-hour notice practice was applied in this case. The court found that the applicants had not established a basis for complaint regarding the appointment of provisional trustees. However, the court determined that leave to appeal should be granted to allow the full bench to...

Citation
[2020] ZAGPPHC 597
Parties
Applicant: Matthews Tuwani Mulaudzi; Applicant: Violet Mabontsi Mulaudzi; Respondent: The Master of the High Court, Pretoria; Respondent: Oscar Jabulani Sithole N.O.; Respondent: Christopher Peter Van Zyl N.O.; Respondent: Selby Musawonke Ntsibande N.O.
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
16 October 2020
Case Number
21848/17
Procedural Posture
Leave to Appeal / Application for Leave to Appeal to the Full Bench Following a Prior Judgment.
Outcome
Leave to appeal to the full bench of the North Gauteng High Court is granted.
Judges
Maumela
Legal Topics
Leave to Appeal, Insolvent Estate Management, Appointment of Trustees, Creditors Meeting, Public Protector Report
Civil Procedure Land and Property Leave to Appeal Insolvent Estate Management Appointment of Trustees Creditors Meeting Public Protector Report

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Parties

Matthews Tuwani Mulaudzi

Applicant

Violet Mabontsi Mulaudzi

Applicant

The Master of the High Court, Pretoria

Respondent

Oscar Jabulani Sithole N.O.

Respondent

Christopher Peter Van Zyl N.O.

Respondent

Selby Musawonke Ntsibande N.O.

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal to the Full Bench Following a Prior Judgment.

Legal Issues

  1. 1 Whether the applicants have met the threshold for leave to appeal as set out in section 17(1) of the Superior Courts Act.
  2. 2 Whether the Public Protector's report is relevant to the application for leave to appeal.
  3. 3 Whether the Master of the North Gauteng High Court applied the 48-hour notice practice in appointing provisional trustees.

Ratio Decidendi

The court considered the requirements for leave to appeal under section 17(1) of the Superior Courts Act, noting the raised threshold and the need for a realistic prospect of success. The Public Protector's report was found to be irrelevant to the present application, as it concerned maladministration by the Master of the South Gauteng High Court and not the North Gauteng High Court, and there was no evidence that the 48-hour notice practice was applied in this case. The court found that the applicants had not established a basis for complaint regarding the appointment of provisional trustees. However, the court determined that leave to appeal should be granted to allow the full bench to...

Court Disposition

Leave to appeal to the full bench of the North Gauteng High Court is granted.

Orders

  • Leave to appeal to the full bench of this court is granted.
  • Costs shall be costs in the appeal.