Tibane and Others v Mhlongo and Others (Leave to Appeal) (1870/2023) [2025] ZAMPMBHC 65 (28 July 2025)

Tibane and Others v Mhlongo and Others (Leave to Appeal) (1870/2023) [2025] ZAMPMBHC 65 (28 July 2025)

The court found that the order appointing Ms Pando as administrator of the trust was interim and not final, as further proceedings (Part B) were pending and the relief granted could be altered by the court of first instance. The Zweni test for appealability was applied, and the order did not meet the criteria for being appealable. The court held that the appointment of an administrator is recognised under common law and supported by precedent, particularly in cases of mismanagement and absence of trustees. The powers of the Master of the High Court were not usurped, as the Master had failed to intervene and the court possessed the necessary jurisdiction. The applicants lacked locus...

Citation
[2025] ZAMPMBHC 65
Parties
Applicant: Themba Tibane; Applicant: Madoda Isaac Tjie; Applicant: Nomsa Muhlawuri Manyike; Applicant: Lisbon Developments (Pty) Ltd; Applicant: Magic Breakaways (Pty) Ltd; Applicant: Legacy Group Holdings (Pty) Ltd; Applicant: Minister of Land Reform and Development; Applicant: The Master of the High Court: Pretoria; Respondent: Ingrid Mhlongo; Respondent: James Khumalo; Respondent: Thuthane Adolph Tjia; Respondent: Majiane Eveline Mkhansi; Respondent: Samson Mhlongo; Respondent: Frank Mhlongo
Court
Mbombela High Court, Mpumalanga
Jurisdiction
South Africa
Judgment Date
28 July 2025
Case Number
1870/2023
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Judgment on Trust Administration
Outcome
Leave to appeal is refused. Costs are awarded against the Former Trustees and Lisbon Developments, jointly and severally, at Scale C, including costs of two counsel.
Judges
Mashile
Legal Topics
Trust Administration, Leave to Appeal, Interim Orders, Powers of Master, Costs Award
Land and Property Civil Procedure Trust Administration Leave to Appeal Interim Orders Powers of Master Costs Award

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Parties

Themba Tibane

Applicant

Madoda Isaac Tjie

Applicant

Nomsa Muhlawuri Manyike

Applicant

Lisbon Developments (Pty) Ltd

Applicant

Magic Breakaways (Pty) Ltd

Applicant

Legacy Group Holdings (Pty) Ltd

Applicant

Minister of Land Reform and Development

Applicant

The Master of the High Court: Pretoria

Applicant

Ingrid Mhlongo

Respondent

James Khumalo

Respondent

Thuthane Adolph Tjia

Respondent

Majiane Eveline Mkhansi

Respondent

Samson Mhlongo

Respondent

Frank Mhlongo

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Judgment on Trust Administration

Legal Issues

  1. 1 Whether the order appointing an administrator to the trust is appealable.
  2. 2 Whether the court granted relief unknown to law by appointing an administrator.
  3. 3 Whether the court usurped the powers of the Master of the High Court.

Ratio Decidendi

The court found that the order appointing Ms Pando as administrator of the trust was interim and not final, as further proceedings (Part B) were pending and the relief granted could be altered by the court of first instance. The Zweni test for appealability was applied, and the order did not meet the criteria for being appealable. The court held that the appointment of an administrator is recognised under common law and supported by precedent, particularly in cases of mismanagement and absence of trustees. The powers of the Master of the High Court were not usurped, as the Master had failed to intervene and the court possessed the necessary jurisdiction. The applicants lacked locus...

Court Disposition

Leave to appeal is refused. Costs are awarded against the Former Trustees and Lisbon Developments, jointly and severally, at Scale C, including costs of two counsel.

Orders

  • Leave to appeal is refused.
  • The Former Trustees and Lisbon Developments are directed to pay the costs of the Respondents, jointly and severally, at Scale C of party and party.