Tshetlo v Tsomele and Others (2023/125901) [2025] ZAGPJHC 335 (26 March 2025)

Tshetlo v Tsomele and Others (2023/125901) [2025] ZAGPJHC 335 (26 March 2025)

The Master’s decision to recall and cancel the applicant’s letters of executorship was invalid, as it was not based on any statutory grounds under section 54(1)(b) of the Administration of Estates Act and was not supported by facts or legal reasoning. The letters of executorship issued to the applicant remain valid and effective unless and until set aside by a court of competent jurisdiction. The applicant is entitled to reinstatement as executor and to costs, as she was substantially successful. Costs on the attorney and own client scale were not justified; party and party costs were awarded.

Citation
[2025] ZAGPJHC 335
Parties
Applicant: Boitumelo Mmasekgopedi Tshetlo; Respondent: Paulinah Tsomele; Respondent: The Master of the High Court Johannesburg; Respondent: Estate Late Brenda Tsomele
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
26 March 2025
Case Number
2023/125901
Procedural Posture
Review Application / Judgment
Outcome
Application granted. The applicant’s letters of executorship remain valid and the first respondent is ordered to pay costs.
Judges
A Mitchell
Legal Topics
Administrative Action, Removal of Executor, Review of Master Decision, Promotion of Administrative Justice Act
Administrative Law Civil Procedure Administrative Action Removal of Executor Review of Master Decision Promotion of Administrative Justice Act

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Parties

Boitumelo Mmasekgopedi Tshetlo

Applicant

Paulinah Tsomele

Respondent

The Master of the High Court Johannesburg

Respondent

Estate Late Brenda Tsomele

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the Master of the High Court lawfully removed the applicant as executor of the deceased estate.
  2. 2 Whether the cancellation of the letters of executorship was valid without a court order.
  3. 3 Whether the applicant is entitled to reinstatement as executor pending judicial review.

Ratio Decidendi

The Master’s decision to recall and cancel the applicant’s letters of executorship was invalid, as it was not based on any statutory grounds under section 54(1)(b) of the Administration of Estates Act and was not supported by facts or legal reasoning. The letters of executorship issued to the applicant remain valid and effective unless and until set aside by a court of competent jurisdiction. The applicant is entitled to reinstatement as executor and to costs, as she was substantially successful. Costs on the attorney and own client scale were not justified; party and party costs were awarded.

Court Disposition

Application granted. The applicant’s letters of executorship remain valid and the first respondent is ordered to pay costs.

Orders

  • The Letters of Executorship issued to the applicant on 4 August 2023 for estate number 018614/2023 remain in full force and effect unless and until set aside by a court of competent jurisdiction.
  • The first respondent is to pay the applicant’s cost of this application as between party and party on scale A.