South Africa Case Law

Curators Ad Litem to Certain Potential Beneficiaries of Emma Smith Educational Fund v The University of KwaZulu-Natal and Others (510/09)

Curators Ad Litem to Certain Potential Beneficiaries of Emma Smith Educational Fund v The University of KwaZulu-Natal and Others (510/09) [2010] ZASCA 136; 2010 (6) SA 518 (SCA) ; 2011 (1) BCLR 40 (SCA) ; [2011] 2 All SA 1 (SCA) (1 October 2010)

Court

Supreme Court of Appeal

Case number

510/09

Judges

Navsa, Cloete, Shongwe, Bertelsmann, Ebrahim

The Supreme Court of Appeal held that the racially restrictive clauses in the Emma Smith Educational Fund, administered by a publicly funded university, are in conflict with public policy and the equality clause in the Bill of Rights. Section 13 of the Trust Property Control Act 57 of 1988 empowers the court to delete or vary such provisions. The court found that the statutory history did not alter the essential nature of the trust, and the Act applies. The constitutional imperative to remove racially discriminatory clauses from educational trusts administered by public institutions outweighs…

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• Trust Property Control Act
• Freedom Of Testation
• Bill Of Rights Limitation
• Public Policy
• Racial Discrimination
• Charitable Trusts

University of Kwazulu-Natal v Makgoba and Others (17124/2005)

University of Kwazulu-Natal v Makgoba and Others (17124/2005) [2009] ZAKZDHC 28 (17 July 2009)

Court

Kwazulu-Natal High Court, Durban

Case number

17124/2005

Judge

Nicholson

The court varied a charitable trust to remove racial restrictions and replace Durban with Ethekwini Municipality, finding the terms contrary to public interest.

• Variation Of Trust
• Freedom Of Testation
• Public Policy
• Racial Discrimination
• Charitable Trusts
• Variation-of-trust

Minister of Education and Another v Syfrets Trust Ltd NO and Another (2544/04)

Minister of Education and Another v Syfrets Trust Ltd NO and Another (2544/04) [2006] ZAWCHC 65; 2006 (4) SA 205 (C); [2006] 3 All SA 373 (C); 2006 (10) BCLR 1214 (C) (24 March 2006)

Court

Western Cape High Court, Cape Town

Case number

2544/04

Judge

B M Griesel

The court held that the testamentary provisions restricting eligibility for the Scarbrow Bursary Fund to persons of European descent, excluding Jews and females, constitute unfair discrimination on the grounds of race, gender, and religion. Such discrimination is presumed to be unfair under section 9 of the Constitution and the Equality Act, and is contrary to contemporary public policy. The principle of freedom of testation, while fundamental, is not absolute and must yield to constitutional values of equality and non-discrimination. The court found that it is empowered under the common law,…

Source excerpt

• Freedom Of Testation
• Public Policy Limitation
• Unfair Discrimination
• Charitable Trusts
• Bill Of Rights Limitation

Janse Van Rensburg N.O (9371/2003), Ex parte

Janse Van Rensburg N.O (9371/2003), Ex parte [2004] ZAWCHC 30 (29 October 2004)

Court

Western Cape High Court, Cape Town

Case number

9371/2003

Judge

Gauntlett

The court applied cy pres and section 13 of the Trust Property Control Act to redirect a charitable bequest to the Piketberg Dienssentrum.

• Charitable Trusts
• Cy Pres Doctrine
• Testamentary Dispositions
• Racial Classification
• Trust Modification
• Bill Of Rights Limitation

Deedat and Others v Master of the Supreme Court, Natal and Others (253/94)

Deedat and Others v Master of the Supreme Court, Natal and Others (253/94) [1994] ZASCA 185; 1995 (2) SA 377 (AD); [1995] 2 All SA 60 (A) (30 November 1994)

Court

Supreme Court of Appeal

Case number

253/94

Judges

Joubert, Van Heerden, Vivier, Nienaber, Howie

The court held that the Islamic Propagation Centre International was a valid charitable trust and fell within the Trust Property Control Act, so the appeal failed.

• Trust Property Control Act
• Definition Of Trust
• Charitable Trusts
• Subject Matter Of Trust
• Trust-law
• Charitable-trusts