Mumiyeti and Another v Master of the High Court, Pretoria and Others (42755/20) [2021] ZAGPPHC 527 (6 August 2021)

Mumiyeti and Another v Master of the High Court, Pretoria and Others (42755/20) [2021] ZAGPPHC 527 (6 August 2021)

The court held that the Master of the High Court must apply his mind to the applicants' request for the trustees to account under section 16 of the Trust Property Control Act. The Master has a discretion to decide whether to require further financials or to appoint an investigator, and the court cannot compel the Master to exercise this discretion in a particular way. The application for a judicial review is premature as the Master has not yet made a decision. The relief granted is limited to directing the Master to consider the applicants' request and make a decision under section 16(1) and 16(2). Each party is to pay its own costs as the relief granted differs from that sought in the...

Citation
[2021] ZAGPPHC 527
Parties
Applicant: Elizabeth Mumiyeti; Applicant: Mbalati Fanisa Mbalati; Respondent: Master of the High Court, Pretoria; Respondent: Tiyani Vavanuna Mbalati; Respondent: Baugista Bernard Mkhondo; Respondent: Gloria Gwebu
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
6 August 2021
Case Number
42755/20
Procedural Posture
Review Application / Motion Court; Application to Compel Master to Act Under Trust Property Control Act
Outcome
Application partially granted. The Master is directed to apply his mind and make a decision under section 16(1) and 16(2) of the Trust Property Control Act. Each party to pay its own costs.
Judges
T B Antulay
Legal Topics
Trust Property Control Act, Trustees Duties, Judicial Review, Fiduciary Duty
Civil Procedure Land and Property Trust Property Control Act Trustees Duties Judicial Review Fiduciary Duty

Case Brief

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Parties

Elizabeth Mumiyeti

Applicant

Mbalati Fanisa Mbalati

Applicant

Master of the High Court, Pretoria

Respondent

Tiyani Vavanuna Mbalati

Respondent

Baugista Bernard Mkhondo

Respondent

Gloria Gwebu

Respondent

Procedural Posture

Review Application / Motion Court; Application to Compel Master to Act Under Trust Property Control Act

Legal Issues

  1. 1 Whether the Master of the High Court is obliged to direct trustees to account under section 16 of the Trust Property Control Act.
  2. 2 Whether the Master must appoint an independent person to investigate the administration of the Trust.
  3. 3 Whether the application is moot due to financial statements having been provided.

Ratio Decidendi

The court held that the Master of the High Court must apply his mind to the applicants' request for the trustees to account under section 16 of the Trust Property Control Act. The Master has a discretion to decide whether to require further financials or to appoint an investigator, and the court cannot compel the Master to exercise this discretion in a particular way. The application for a judicial review is premature as the Master has not yet made a decision. The relief granted is limited to directing the Master to consider the applicants' request and make a decision under section 16(1) and 16(2). Each party is to pay its own costs as the relief granted differs from that sought in the...

Court Disposition

Application partially granted. The Master is directed to apply his mind and make a decision under section 16(1) and 16(2) of the Trust Property Control Act. Each party to pay its own costs.

Orders

  • The Master of the High Court is directed to apply his mind and make a decision in terms of section 16(1) and 16(2) regarding the Mbalati Family Trust.
  • Each party is to pay its own costs.