South Africa Case Law

Bouwer N.O and Another v Master of the High Court, Pretoria (2937/21)

Bouwer N.O and Another v Master of the High Court, Pretoria (2937/21) [2022] ZAGPPHC 56; 2022 (6) SA 204 (GP) (31 January 2022)

Court

North Gauteng High Court, Pretoria

Case number

2937/21

Judge

DT Skosana

The court found that the proceeds from the sale of capital assets, such as the ABSA cheque deposit, motor vehicle, and recovered debt, do not constitute income in the ordinary sense but remain capital. The applicants were not entitled to record these proceeds as income or to charge a 6% fee thereon without the prior consent and approval of the Master, as required by the court order and appointment letters. The applicants failed to comply with the regulatory requirements, specifically the need to record realized capital assets under the capital account before any transfer to the income account…

Source excerpt

• Administration Of Estates Act
• Curatorship Fees
• Declaratory Relief
• Interpretation Of Regulations

South African Inland Logistics CC and Others v Singh of KPMG Services (Pty) Ltd and Others (10314/2008)

South African Inland Logistics CC and Others v Singh of KPMG Services (Pty) Ltd and Others (10314/2008) [2010] ZAKZPHC 28 (10 June 2010)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

10314/2008

Judge

Steyn

The court held that curator bonis fees under POCA could be claimed only against the convicted defendant’s assets, not those of acquitted applicants.

• Curatorship Fees
• Confiscation Order
• Prevention Of Organised Crime Act
• Restraint Order
• Variation Of Court Order
• Acquittal Effects