R.S v ABSA Trust Limited and Others (515/2021) [2022] ZAFSHC 5 (6 January 2022)

R.S v ABSA Trust Limited and Others (515/2021) [2022] ZAFSHC 5 (6 January 2022)

The court found that the trust was established solely due to the applicant's minority status at the time of the original order, not due to any incapacity. The trust deed and court order did not contemplate the applicant's situation upon attaining majority, nor did they anticipate the deprivation of her property or autonomy. The applicant provided sufficient medical evidence of her mental capacity, and the respondent's conduct in opposing the termination and obstructing medical assessments was found to be prejudicial and contrary to the applicant's interests. The continued existence of the trust arbitrarily deprived the applicant of her property and dignity, violating her constitutional...

Citation
[2022] ZAFSHC 5
Parties
Applicant: R[....] S[....]; Respondent: ABSA Trust Limited; Respondent: The Master of the North Gauteng High Court-Pretoria; Respondent: SSH Mahlomakulu
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
6 January 2022
Case Number
515/2021
Procedural Posture
Review Application / Application for Termination of Trust Under Section 13 of the Trust Property Control Act
Outcome
Application granted; trust terminated; costs awarded against first respondent; counter application dismissed.
Judges
C L Page
Legal Topics
Trust Property Control Act, Termination of Trust, Constitutional Right to Property, Constitutional Right to Dignity, Minority and Majority Status, Curator Ad Litem Appointment
Civil Procedure Land and Property Constitutional Law Trust Property Control Act Termination of Trust Constitutional Right to Property Constitutional Right to Dignity Minority and Majority Status +1 more

Case Brief

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Parties

R[....] S[....]

Applicant

ABSA Trust Limited

Respondent

The Master of the North Gauteng High Court-Pretoria

Respondent

SSH Mahlomakulu

Respondent

Procedural Posture

Review Application / Application for Termination of Trust Under Section 13 of the Trust Property Control Act

Legal Issues

  1. 1 Whether the trust established for the applicant should be terminated upon her attaining majority.
  2. 2 Whether the continued existence of the trust violates the applicant's constitutional rights to property and dignity.
  3. 3 Whether the applicant possesses the mental capacity to manage her own financial affairs without the trust.

Ratio Decidendi

The court found that the trust was established solely due to the applicant's minority status at the time of the original order, not due to any incapacity. The trust deed and court order did not contemplate the applicant's situation upon attaining majority, nor did they anticipate the deprivation of her property or autonomy. The applicant provided sufficient medical evidence of her mental capacity, and the respondent's conduct in opposing the termination and obstructing medical assessments was found to be prejudicial and contrary to the applicant's interests. The continued existence of the trust arbitrarily deprived the applicant of her property and dignity, violating her constitutional...

Court Disposition

Application granted; trust terminated; costs awarded against first respondent; counter application dismissed.

Orders

  • The application is granted as per paragraphs 1 to 4 of the Notice of Motion.
  • The first respondent is ordered to pay the applicant's costs on the party and party scale.