Minister of Safety and Security v Lupacchini and Others (A217/2008)
Minister of Safety and Security v Lupacchini and Others (A217/2008) [2009] ZAFSHC 82 (3 September 2009)
Section 6(1) of the Trust Property Control Act is clear and unambiguous: a person appointed as trustee may not act in that capacity unless authorised in writing by the Master. This requirement applies to all acts performed in the capacity of trustee, including the institution of legal proceedings. The trust deed required two trustees to act jointly, and both trustees must be authorised by the Master for the trust to have capacity to litigate. As one trustee was not authorised at the time the action was instituted, the trust lacked the necessary capacity to litigate. The trial court erred in d…
Source excerpt
- Trust Property Control Act
- Capacity To Litigate
- Joint Action By Trustees
- Locus Standi
- Statutory Interpretation