South Africa Case Law

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

Mnisi and Others v Master of the High Court of South Africa, Gauteng Division, Pretoria and Other (2023/013876)

Mnisi and Others v Master of the High Court of South Africa, Gauteng Division, Pretoria and Other (2023/013876) [2024] ZAGPPHC 683 (17 July 2024)

Court

North Gauteng High Court, Pretoria

Case number

2023/013876

Judge

DM Leathern

The Court found that the trust was registered and administered by the Master of the High Court, Pretoria, and that Section 3(1)(a) of the Trust Property Control Act provides for continued jurisdiction by the Master despite changes in the location of the trust property. The applicants sought specific relief against the Master, including the appointment of trustees, which vested jurisdiction in this Court. The Court distinguished the respondents' reliance on Estate Agents Board v Lek, noting that the decision did not limit jurisdiction to one division. The Court also relied on JP van Schalkwyk…

Source excerpt

• Jurisdiction Of High Court
• Trust Property Control Act
• Appointment Of Trustees
• Interdict
• Costs Award

Gumede and Another v Master of the High Court, Pietermaritzburg and Others (16141/2023)

Gumede and Another v Master of the High Court, Pietermaritzburg and Others (16141/2023) [2024] ZAKZPHC 46 (14 June 2024)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

16141/2023

Judge

M R Chetty

The court adjourned a trust-law review after the applicants changed their case about the statutory basis for the Master’s appointment of interim trustees.

• Trust Property Control Act
• Appointment Of Trustees
• Review Of Administrative Action
• Locus Standi
• Costs Award
• Trust-property-control-act

J.S.B v B.B N.O and Others (2048/2022)

J.S.B v B.B N.O and Others (2048/2022) [2024] ZANCHC 15 (16 February 2024)

Court

Northern Cape High Court, Kimberley

Case number

2048/2022

Judge

Mamosebo

The court found that the applicant, despite being an unrehabilitated insolvent, retains locus standi to litigate in his personal capacity regarding the appointment of trustees, as the right in question does not pertain to his insolvent estate but to the trust assets. The trust deed, specifically clause 5.3.1, vests the exclusive authority to appoint substituting trustees in the applicant. The first respondent's resolution appointing the second and third respondents as trustees was unlawful, as her powers are limited to appointing additional trustees, not filling vacancies created by the appli…

Source excerpt

• Trust Deed Interpretation
• Locus Standi
• Appointment Of Trustees
• Sequestration Effects

Mmutle NO and Others v ABSA Bank Ltd and Others (UM 20/2023)

Mmutle NO and Others v ABSA Bank Ltd and Others (UM 20/2023) [2023] ZANWHC 158 (7 September 2023)

Court

North West High Court, Mafikeng

Case number

UM 20/2023

Judge

J.T. Djaje

The court discharged a rule nisi and dismissed a trust-related urgent application, finding the applicants were not validly appointed trustees under the trust deed.

• Trusteeship Removal
• Trust Deed Compliance
• Locus Standi
• Appointment Of Trustees
• Rule Nisi
• Trust Property Control Act

Sekgala v FirstRand Bank Limited t/a First National Bank and Others (2023/014203)

Sekgala v FirstRand Bank Limited t/a First National Bank and Others (2023/014203) [2023] ZAGPJHC 618 (2 June 2023)

Court

South Gauteng High Court, Johannesburg

Case number

2023/014203

Judge

Windell

Leave to appeal was refused in an urgent spoliation matter concerning the freezing of an insolvent debtor’s bank account by trustees.

• Spoliation Order
• Insolvency Act Sections 20 And 23
• Trustee Powers
• Appointment Of Trustees
• Spoliation-order
• Insolvency-act

Kumbe v Rustenburg Municipal Council and Others

Kumbe v Rustenburg Municipal Council and Others [2023] ZAGPPHC 479; 047351/20 (22 May 2023)

Court

North Gauteng High Court, Pretoria

Case number

047351/20

Judge

K Mogale

The Gauteng Division, Pretoria held that it had jurisdiction to hear a review of a Rustenburg council trustee appointment decision and dismissed the jurisdictional point in limine with costs.

• Jurisdiction Of High Court
• Review Of Administrative Action
• Appointment Of Trustees
• High-court-jurisdiction
• Judicial-review
• Trustee-appointments

Meier and Others v Du Toit N.O and Others (20736/2021)

Meier and Others v Du Toit N.O and Others (20736/2021) [2023] ZAWCHC 36 (27 February 2023)

Court

Western Cape High Court, Cape Town

Case number

20736/2021

Judge

P.A.L. Gamble

The court found that the applicant was unlawfully excluded from trustee meetings and deprived of notice and the opportunity to be heard, in breach of the trust deed's requirements for joint action and proper procedure. The meetings at which Van Zyl and Du Toit were appointed, and the applicant was removed, were not validly constituted, as the applicant was intentionally excluded and no proper written instrument was executed by the donor as required by the trust deed. The removal was arbitrary and unsupported by good cause. The appointments of Van Zyl and Du Toit as trustees were invalid, and…

Source excerpt

• Trustee Removal
• Trust Deed Interpretation
• Joint Action Of Trustees
• Arbitrary Decision
• Notice And Hearing
• Appointment Of Trustees

Van Graan N.O and Others v Waisman and Others (2509/2022)

Van Graan N.O and Others v Waisman and Others (2509/2022) [2023] ZAECMKHC 27 (21 February 2023)

Court

Eastern Cape High Court, Makhanda

Case number

2509/2022

Judge

JE Smith

The court removed a trustee from two family trusts after finding ongoing conflict and fiduciary concerns made the trusts dysfunctional and imperilled their assets.

• Trustee Removal
• Fiduciary Duties
• Family Trusts
• Trust Property Control Act
• Appointment Of Trustees
• Costs Orders

Glencore Operations South Africa (Pty) Ltd and Another v Master of The High Court, North West and Others (M584/2020)

Glencore Operations South Africa (Pty) Ltd and Another v Master of The High Court, North West and Others (M584/2020) [2022] ZANWHC 38 (30 September 2022)

Court

North West High Court, Mafikeng

Case number

M584/2020

Judge

DJAJE

The court dismissed an application challenging trustee appointments and granted a counterclaim amending a community trust deed and ordering disclosure of trust documents.

• Trust Deed Amendment
• Appointment Of Trustees
• Traditional Council Authority
• Trust Property Control Act
• Community Benefit
• Joinder And Misjoinder