South Africa Case Law

Modjela N.O and Another v Engelbrecht N.O and Another (3783/2022)

Modjela N.O and Another v Engelbrecht N.O and Another (3783/2022) [2025] ZAMPMBHC 56 (18 June 2025)

Court

Mbombela High Court, Mpumalanga

Case number

3783/2022

Judge

JL Bhengu

The court found that the applicants failed to establish urgency as required by Rule 6(12)(b), having delayed their application despite early notice of the intended sale. The applicants did not comply with their disclosure obligations under section 26(7) of POCA, nor did they engage constructively with the Curator to resolve the matter. Their assertion of irreparable harm was undermined by the existence of a further period for acceptance of tenders and their refusal to discuss alternative means of preserving the property. The court held that the urgency was self-created and that the applicants…

Source excerpt

• Restraint Order
• Interim Interdict
• Prevention Of Organised Crime Act
• Fiduciary Duties Of Trustees
• Urgent Application Requirements
• Costs Punitive Order

Ngapo v Huma N.O and Another (014208/23)

Ngapo v Huma N.O and Another (014208/23) [2025] ZAGPPHC 384 (9 April 2025)

Court

North Gauteng High Court, Pretoria

Case number

014208/23

Judge

Flatela Luleka

The High Court dismissed claims for trust maintenance and fee payments, but ordered the trustees to provide the applicant with trust financial records from 2020 onward.

• Trust Property Control Act
• Fiduciary Duties Of Trustees
• Final Interdict
• Duty To Account
• Motion Proceedings Dispute Of Fact
• Discretionary-trusts

Shepstone and Wylie Attorneys v Abraham Johannes de Witt N O and Others (1270/2021)

Shepstone and Wylie Attorneys v Abraham Johannes de Witt N O and Others (1270/2021) [2023] ZASCA 74; 2023 (6) SA 419 (SCA) (26 May 2023)

Court

Supreme Court of Appeal

Case number

1270/2021

Judges

Zondi, Mocumie, Mbatha, Weiner, Kathree-Setiloane

The Supreme Court of Appeal held that the trust deed and its appendix required trustees to act unanimously when conducting business on behalf of the Trust and employing trust property in such business. The deed of suretyship was signed by only two trustees without the participation or proxy of the third trustee, contrary to the express requirement of unanimity in clause 26 of the appendix. The majority decision at a quorate meeting was insufficient to bind the Trust externally, as all trustees were required to participate and sign the resolution. The deed of suretyship was not valid or enforc…

Source excerpt

• Trust Deed Interpretation
• Suretyship Validity
• Joint Action Of Trustees
• Resolution Requirements
• Fiduciary Duties Of Trustees

Executive Officer of the Financial Services Board v Cadac Pension Fund and Others (50596/2010)

Executive Officer of the Financial Services Board v Cadac Pension Fund and Others (50596/2010) [2023] ZAGPJHC 524 (19 May 2023)

Court

South Gauteng High Court, Johannesburg

Case number

50596/2010

Judge

Vally

The High Court determined costs arising from a long-running pension fund curatorship, confirming personal liability for trustees and leaving later costs for other litigation.

• Curatorship Of Pension Funds
• Fiduciary Duties Of Trustees
• Fraud And Mismanagement
• Costs Orders
• Personal Liability Of Trustees
• Conflict Of Interest

Liebman v David N.O. and Others

Liebman v David N.O. and Others [2023] ZAGPPHC 127; 62628/2021 (21 February 2023)

Court

North Gauteng High Court, Pretoria

Case number

62628/2021

Judge

Swanepoel

The court dismissed an application to compel discovery in motion proceedings, holding that Rule 35 discovery is available only in exceptional circumstances.

• Discovery In Motion Proceedings
• Uniform Rule 35
• Exceptional Circumstances
• Fiduciary Duties Of Trustees
• Discovery-in-motion-proceedings
• Uniform-rule-35

Municipal Workers Retirement Fund v South African Local Government Bargaining Council and Others and Other Related Matters

Municipal Workers Retirement Fund v South African Local Government Bargaining Council and Others and Other Related Matters [2023] ZAGPPHC 98; 2905/2022; 4580/2022; 30396/2022 (20 February 2023)

Court

North Gauteng High Court, Pretoria

Case number

2905/2022; 4580/2022; 30396/2022

Judges

Van der Schyff, Mbongwe, Millar

The High Court set aside a retirement fund collective agreement, except clause 8, holding its accreditation regime and rule changes unlawfully intruded on pension fund independence.

• Collective Agreements
• Pension Funds Act
• Promotion Of Administrative Justice Act
• Fiduciary Duties Of Trustees
• Accreditation Of Pension Funds
• Rule Amendments

M.H obo H.J.W and Another v R.W.W and Others (EL 139/2020)

M.H obo H.J.W and Another v R.W.W and Others (EL 139/2020) [2022] ZAECELLC 39 (13 December 2022)

Court

Eastern Cape High Court, East London Local Court

Case number

EL 139/2020

Judge

Molony

The court found that the applicants, particularly the minor children represented by their mother, have locus standi to refer the dispute regarding the management of the trust to arbitration under clause 34 of the trust deed. The trust deed, as interpreted in light of relevant case law, confers rights on contingent beneficiaries to protect their interests against maladministration. The arbitration clause is sufficiently broad to encompass disputes about the application and management of the trust, including alleged breaches of fiduciary duty and ultra vires actions by trustees. The respondents…

Source excerpt

• Trust Property Control Act
• Fiduciary Duties Of Trustees
• Arbitration Clause Enforcement
• Locus Standi Of Beneficiaries
• Divorce Settlement Trust Assets
• Ultra Vires Trustee Actions

Body Corporate of Stamford Hall v Molapo and Another (A3086/2021;9568/2020)

Body Corporate of Stamford Hall v Molapo and Another (A3086/2021;9568/2020) [2022] ZAGPJHC 498 (3 August 2022)

Court

South Gauteng High Court, Johannesburg

Case number

A3086/2021;9568/2020

Judges

Adams, Thompson

Appeal in a sectional titles matter where an administrator was justified, but the specific appointee was set aside and the case remitted.

• Sectional Titles Schemes Management Act
• Appointment Of Administrator
• Fiduciary Duties Of Trustees
• Financial Mismanagement
• Quorum And Meetings
• Judicial Discretion

Municipal Employees Pension Fund and Another v Ramohale and Others (27708/18)

Municipal Employees Pension Fund and Another v Ramohale and Others (27708/18) [2022] ZAGPJHC 164 (18 March 2022)

Court

South Gauteng High Court, Johannesburg

Case number

27708/18

Judge

Senyatsi

The High Court reviewed and set aside a Pension Funds Adjudicator determination, holding the Adjudicator lacked jurisdiction and that a late appeal should be condoned.

• Pension Funds Act Section 30p
• Retrospective Rule Amendment
• Jurisdiction Of Adjudicator
• Procedural Fairness
• Fiduciary Duties Of Trustees
• Condonation For Late Appeal

Ellis v Trustees of Palm Grove Body Corporate and Others (2293/2020P)

Ellis v Trustees of Palm Grove Body Corporate and Others (2293/2020P) [2021] ZAKZPHC 97; 2023 (4) SA 608 (KZP) (7 December 2021)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

2293/2020P

Judges

Poyo Dlwati, Seegobin, Jappie

The High Court upheld an appeal against a CSOS adjudicator’s award, setting aside a damages order and holding that the dispute fell outside the CSOS Act.

• Community Schemes Ombud Service Act
• Fiduciary Duties Of Trustees
• Statutory Interpretation
• Jurisdiction Of Ombud
• Damages Award
• Sectional Titles Schemes Management Act