South Africa Case Law

C.J.R v H.W.R and Others (8327/2023)

C.J.R v H.W.R and Others (8327/2023) [2025] ZALMPPHC 134 (7 July 2025)

Court

Limpopo High Court, Polokwane

Case number

8327/2023

Judge

S Du Plessis

The court found that the applicant, as founder and donor of the trust, has locus standi to seek amendment of the trust deed under section 13 of the Trust Property Control Act. The appointment of the first respondent as beneficiary constituted a donation, evidenced by the trust deed's provisions and the intention to enrich the beneficiary. The first respondent's repeated assaults and criminal behaviour after being appointed as beneficiary amounted to gross ingratitude, justifying revocation of the donation. The court held that section 13 empowers it to vary trust provisions where the founder's…

Source excerpt

• Trust Property Control Act
• Removal Of Beneficiary
• Gross Ingratitude
• Donation Revocation
• Amendment Of Trust Deed

Glencore Operations South Africa (Pty) Limited and Others v Master of the High Court, Northwest and Others (945/2023; 1081/2023)

Glencore Operations South Africa (Pty) Limited and Others v Master of the High Court, Northwest and Others (945/2023; 1081/2023) [2024] ZASCA 179 (19 December 2024)

Court

Supreme Court of Appeal

Case number

945/2023; 1081/2023

Judges

Dambuza, Mocumie, Mbatha, Smith, Koen

The Supreme Court of Appeal found that the second to seventh respondents were not lawfully appointed as trustees of the Bakwena-ba-Mogopa Trust, as their appointment did not comply with the requirements of the trust deed. The Master of the High Court lacked the power under section 6(1) of the Trust Property Control Act to authorise persons not validly appointed as trustees. The high court erred in condoning the irregular appointments and granting the counter-application for amendment of the trust deed, as the respondents lacked locus standi and sufficient interest in the trust property. The a…

Source excerpt

• Trust Property Control Act
• Appointment Of Trustees
• Amendment Of Trust Deed
• Locus Standi
• Fiduciary Duties
• Governance Of Trusts

Gees v Duthie and Others (4024/2024)

Gees v Duthie and Others (4024/2024) [2024] ZAWCHC 301 (10 October 2024)

Court

Western Cape High Court, Cape Town

Case number

4024/2024

Judge

P. S. Van Zyl

The court dismissed an application to appoint a successor trustee and upheld a 2020 trust deed amendment, finding the trustee nomination power was collective, not individual.

• Trust Deed Interpretation
• Appointment Of Trustee
• Protector Role In Trust
• Amendment Of Trust Deed
• Trust-deed-interpretation
• Appointment-of-trustee

Van As N.O. and Others v Jacobs N.O. and Others (54121/2019)

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

Court

North Gauteng High Court, Pretoria

Case number

54121/2019

Judge

T P Krüger

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 ap…

Source excerpt

• Trust Property Control Act
• Removal Of Trustees
• Contempt Of Court
• Fiduciary Duty
• Amendment Of Trust Deed
• Costs Order

Silinda N.O. and Others v Makhubela and Others (57206/2010)

Silinda N.O. and Others v Makhubela and Others (57206/2010) [2017] ZAGPPHC 1194 (16 November 2017)

Court

North Gauteng High Court, Pretoria

Case number

57206/2010

Judge

Makgoka

The court refused to confirm a disputed beneficiary list for restituted land, ordered a fresh verification by Dr Fischer, and amended the trust deed.

• Restitution Of Land Rights Act
• Trust Beneficiary Verification
• Amendment Of Trust Deed
• Community Land Claims
• Dispute Resolution Mechanisms
• Contempt Of Court