Glencore Operations South Africa (Pty) Limited and Others v Master of the High Court, Northwest and Others (945/2023; 1081/2023)
Glencore Operations South Africa (Pty) Limited and Others v Master of the High Court, Northwest and Others (945/2023; 1081/2023) [2024] ZASCA 179 (19 December 2024)
The Supreme Court of Appeal found that the second to seventh respondents were not lawfully appointed as trustees of the Bakwena-ba-Mogopa Trust, as their appointment did not comply with the requirements of the trust deed. The Master of the High Court lacked the power under section 6(1) of the Trust Property Control Act to authorise persons not validly appointed as trustees. The high court erred in condoning the irregular appointments and granting the counter-application for amendment of the trust deed, as the respondents lacked locus standi and sufficient interest in the trust property. The a…
Source excerpt
- Trust Property Control Act
- Appointment Of Trustees
- Amendment Of Trust Deed
- Locus Standi
- Fiduciary Duties
- Governance Of Trusts