Van As N.O. and Others v Jacobs N.O. and Others (54121/2019) [2024] ZAGPPHC 292 (27 March 2024)

Van As N.O. and Others v Jacobs N.O. and Others (54121/2019) [2024] ZAGPPHC 292 (27 March 2024)

The court found that Mrs Jacobs and Matthee, in their representative capacities as trustees of the Deelkraal Behuisings Trust, were in contempt of the court order issued on 6 May 2019. Both had knowledge of the order and failed to comply, continuing to collect rental income for their own benefit and disregarding trust procedures. The court held that their conduct was wilful and not excusable. The acrimony and inability of the trustees to cooperate imperilled the proper administration of the trust and the interests of its beneficiaries. Accordingly, all current trustees, including the first applicant, were removed, and the Master of the High Court was directed to appoint independent...

Citation
[2024] ZAGPPHC 292
Parties
Applicant: Karel Johannes Van As N.O.; Applicant: Star Stone Crushers CC; Applicant: Christine Catherine Van As N.O.; Respondent: Getruida Susanna Jacobs N.O.; Respondent: Dawid Matthee N.O.; Respondent: Cynthia Matthee N.O.; Respondent: Gertruida Susanna Jacobs; Respondent: Dawid Matthee; Respondent: The Master of the High Court, Pretoria; Respondent: MidCity Property Services (Pty) Ltd; Respondent: Frederik Johannes Van As N.O.; Respondent: Chantell Van As N.O.; Respondent: Ferdinand Smartenryk Devenier N.O.; Respondent: Frederik Johannes Van As
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
27 March 2024
Case Number
54121/2019
Procedural Posture
Civil Application / Judgment After Reconsideration Following Appeal
Outcome
Application granted in part: contempt declared, trustees removed, amendment of trust deed refused, costs to be borne by the trust.
Judges
T P Krüger
Legal Topics
Trust Property Control Act, Removal of Trustees, Contempt of Court, Fiduciary Duty, Amendment of Trust Deed, Costs Order
Land and Property Civil Procedure Commercial and Corporate Trust Property Control Act Removal of Trustees Contempt of Court Fiduciary Duty Amendment of Trust Deed +1 more

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Parties

Karel Johannes Van As N.O.

Applicant

Star Stone Crushers CC

Applicant

Christine Catherine Van As N.O.

Applicant

Getruida Susanna Jacobs N.O.

Respondent

Dawid Matthee N.O.

Respondent

Cynthia Matthee N.O.

Respondent

Gertruida Susanna Jacobs

Respondent

Dawid Matthee

Respondent

The Master of the High Court, Pretoria

Respondent

MidCity Property Services (Pty) Ltd

Respondent

Frederik Johannes Van As N.O.

Respondent

Chantell Van As N.O.

Respondent

Ferdinand Smartenryk Devenier N.O.

Respondent

Frederik Johannes Van As

Respondent

Procedural Posture

Civil Application / Judgment After Reconsideration Following Appeal

Legal Issues

  1. 1 Whether the first and second respondents are in contempt of the court order issued on 6 May 2019.
  2. 2 Whether the first applicant and first and second respondents should be removed as trustees of the Deelkraal Behuisings Trust.
  3. 3 Whether the trust deed of the Deelkraal Behuisings Trust should be amended under section 13 of the Trust Property Control Act.

Ratio Decidendi

The court found that Mrs Jacobs and Matthee, in their representative capacities as trustees of the Deelkraal Behuisings Trust, were in contempt of the court order issued on 6 May 2019. Both had knowledge of the order and failed to comply, continuing to collect rental income for their own benefit and disregarding trust procedures. The court held that their conduct was wilful and not excusable. The acrimony and inability of the trustees to cooperate imperilled the proper administration of the trust and the interests of its beneficiaries. Accordingly, all current trustees, including the first applicant, were removed, and the Master of the High Court was directed to appoint independent...

Court Disposition

Application granted in part: contempt declared, trustees removed, amendment of trust deed refused, costs to be borne by the trust.

Orders

  • It is declared that the first and second respondents, in their representative capacity as trustees of the Deelkraal Behuisings Trust (IT 4808/08), are in contempt of the court order issued on 6 May 2019.
  • The first and second respondents are sentenced to three months' imprisonment, suspended for five years on condition they are not found guilty of contempt of court in that period.