Lupacchini NO and Another v Minister of Safety and Security (16/2010)
Lupacchini NO and Another v Minister of Safety and Security (16/2010) [2010] ZASCA 108; 2010 (6) SA 457 (SCA) ; [2011] 2 All SA 138 (SCA) (17 September 2010)
The Supreme Court of Appeal held that section 6(1) of the Trust Property Control Act requires trustees to be authorised in writing by the Master before acting in that capacity, including commencing legal proceedings. The absence of criminal sanction for unauthorised acts indicates that the legislature intended such acts to be void and of no effect. The regulatory scheme of the Act is designed to protect both beneficiaries and the public by ensuring proper supervision of trustees. There is no basis to distinguish legal proceedings from other transactions performed by unauthorised trustees. All…
Source excerpt
- Trust Property Control Act
- Capacity Of Trustees
- Nullity Of Proceedings
- Statutory Prohibition
- Locus Standi