Setati v Master of the High Court and Another (3343/2019) [2020] ZALMPPHC 50 (19 May 2020)

Setati v Master of the High Court and Another (3343/2019) [2020] ZALMPPHC 50 (19 May 2020)

The court found that the Master of the High Court erred in law by appointing the second respondent as executor of the deceased estate without following the mandatory procedures set out in section 18 of the Administration of Estates Act 66 of 1965. The Master incorrectly relied on section 5 of the Reform of Customary...

Source-derived case information.

Citation
[2020] ZALMPPHC 50
Parties
Applicant: Noko Hellen Setati; Respondent: Master of the High Court; Respondent: Ramahlape Michael Dube
Court
Limpopo High Court, Polokwane
Jurisdiction
South Africa
Judgment Date
19 May 2020
Case Number
3343/2019
Procedural Posture
Review Application / Judgment
Outcome
The application is granted. The appointment of the second respondent as executor and the letters of executorship are reviewed and set aside. The applications of both parties are referred back to the Master for proper consideration under section 18 of the Administration of Estates Act. Costs are awarded against the...
Judges
Muller
Legal Topics
Appointment of Executor, Review of Administrative Action, Customary Marriage Dispute, Intestate Succession, Error of Law
Administrative Law Civil Procedure Appointment of Executor Review of Administrative Action Customary Marriage Dispute Intestate Succession Error of Law

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Parties

Noko Hellen Setati

Applicant

Master of the High Court

Respondent

Ramahlape Michael Dube

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the Master of the High Court erred in appointing the second respondent as executor of the deceased estate without following the correct statutory procedure.
  2. 2 Whether section 5 of the Reform of Customary Law of Succession and Regulation of Related Matters Act 11 of 2009 authorises the Master to appoint an executor in cases of intestate succession.
  3. 3 Whether the existence of a customary marriage was properly determined before the appointment of the executor.

Ratio Decidendi

The court found that the Master of the High Court erred in law by appointing the second respondent as executor of the deceased estate without following the mandatory procedures set out in section 18 of the Administration of Estates Act 66 of 1965. The Master incorrectly relied on section 5 of the Reform of Customary Law of Succession and Regulation of Related Matters Act 11 of 2009, which does not empower the Master to appoint executors but rather to resolve disputes regarding succession. Both the applicant and the second respondent applied independently for appointment, and the Master failed to call for recommendations or convene a meeting of interested parties as required by section 18....

Court Disposition

The application is granted. The appointment of the second respondent as executor and the letters of executorship are reviewed and set aside. The applications of both parties are referred back to the Master for proper consideration under section 18 of the Administration of Estates Act. Costs are awarded against the...

Orders

  • The appointment of the second respondent as executor of the deceased estate and the letters of executorship issued by the Master are reviewed and set aside.
  • The applications of both the applicant and the second respondent for appointment as executor are referred back to the Master to comply with section 18 of the Administration of Estates Act 66 of 1965.