Nunwana (Mabizela) and Others v Mara Trust and Others (3484/2022) [2024] ZAFSHC 106 (17 April 2024)

Nunwana (Mabizela) and Others v Mara Trust and Others (3484/2022) [2024] ZAFSHC 106 (17 April 2024)

The court held that it would be improper to adjudicate the application without service on the Master of the High Court, who has a direct and substantial interest in the administration of the trust and the relief sought. The merits of the main application and counter-application are intertwined and should not be heard separately. The application and counter-application are removed from the roll pending service on the Master and the filing of a report by the Master. The parties are granted leave to file supplementary affidavits and heads of argument after receipt of the Master's report. The wasted costs of the hearing stand over for later adjudication.

Citation
[2024] ZAFSHC 106
Parties
Applicant: Anna Nunwana (Mabizela); Applicant: Matthews Mabizela; Applicant: Bellinah Mabizela; Applicant: Emily Mabizela; Applicant: Moseka Lucas Mabizela; Applicant: Allta Mabizela; Respondent: Mara Trust; Respondent: Mamoya Elma Mabizela N.O.; Respondent: Thabiso Petrus Mabizela N.O.; Respondent: Tebogo Lorraine Mokgakane N.O.
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
17 April 2024
Case Number
3484/2022
Procedural Posture
Urgent Application / Interlocutory Order Prior to Hearing on Merits; Application and Counter Application Removed From the Roll Pending Service on the Master and Filing of Report.
Outcome
Application and counter-application removed from the roll pending service on the Master and filing of report; costs reserved.
Judges
Van Zyl
Legal Topics
Trustee Removal, Trust Property Control Act, Service on Master, Beneficiary Rights
Civil Procedure Land and Property Trustee Removal Trust Property Control Act Service on Master Beneficiary Rights

Case Brief

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Parties

Anna Nunwana (Mabizela)

Applicant

Matthews Mabizela

Applicant

Bellinah Mabizela

Applicant

Emily Mabizela

Applicant

Moseka Lucas Mabizela

Applicant

Allta Mabizela

Applicant

Mara Trust

Respondent

Mamoya Elma Mabizela N.O.

Respondent

Thabiso Petrus Mabizela N.O.

Respondent

Tebogo Lorraine Mokgakane N.O.

Respondent

Procedural Posture

Urgent Application / Interlocutory Order Prior to Hearing on Merits; Application and Counter Application Removed From the Roll Pending Service on the Master and Filing of Report.

Legal Issues

  1. 1 Whether the second to fourth respondents should be removed as trustees of Mara Trust under section 20(1) of the Trust Property Control Act.
  2. 2 Whether the applicants and respondents have complied with procedural requirements, specifically service on the Master.
  3. 3 Whether the merits of the main application and counter-application should be heard together or separately.

Ratio Decidendi

The court held that it would be improper to adjudicate the application without service on the Master of the High Court, who has a direct and substantial interest in the administration of the trust and the relief sought. The merits of the main application and counter-application are intertwined and should not be heard separately. The application and counter-application are removed from the roll pending service on the Master and the filing of a report by the Master. The parties are granted leave to file supplementary affidavits and heads of argument after receipt of the Master's report. The wasted costs of the hearing stand over for later adjudication.

Court Disposition

Application and counter-application removed from the roll pending service on the Master and filing of report; costs reserved.

Orders

  • The main application and the counter-application are removed from the roll.
  • The applicants are ordered to serve a copy of the main application, counter-application, heads of argument, and this judgment on the Master.