South Africa Case Law

Jooste NO and Another v Pretorius and Others (695/2023)

Jooste NO and Another v Pretorius and Others (695/2023) [2024] ZASCA 130; [2024] 4 All SA 659 (SCA); 2025 (3) SA 95 (SCA) (1 October 2024)

Court

Supreme Court of Appeal

Case number

695/2023

Judges

Schippers, Nicholls, Mothle, Unterhalter, Baartman

The Supreme Court of Appeal held that the trustees validly exercised the power under clause 11.1.5 of the trust deed to require the respondent to resign, as the decision was taken unanimously, for compelling reasons, and in the interests of the Trust and its beneficiaries. The respondent's conduct, including exclusion of other trustees, false statements to the court, and jeopardising donor support, justified her removal. The court found that procedural fairness was afforded, the decision was not arbitrary, and the respondent's constitutional rights were not infringed. The High Court erred in…

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• Trustee Removal
• Trust Property Control Act
• Interpretation Of Trust Deed
• Fiduciary Duties
• Interim Interdict
• Costs De Bonis Propriis

Trustees of the N Georgiou Trust and Another; Poole v Saffy N.O (2566/2021)

Trustees of the N Georgiou Trust and Another; Poole v Saffy N.O (2566/2021) [2024] ZAGPPHC 282 (18 March 2024)

Court

North Gauteng High Court, Pretoria

Case number

2566/2021

Judge

HF Jacobs

The High Court refused leave to appeal against dismissal of a trust’s intervention and postponement applications in sequestration proceedings, finding no reasonable prospects of success.

• Leave To Appeal
• Intervention In Sequestration
• Business Rescue Plan
• Standing Of Trustees
• Interpretation Of Trust Deed
• Leave-to-appeal

Lucchesi and Another v Pillay NO and Others (19954/2022)

Lucchesi and Another v Pillay NO and Others (19954/2022) [2023] ZAGPJHC 857 (2 August 2023)

Court

South Gauteng High Court, Johannesburg

Case number

19954/2022

Judge

Adams

The High Court held that a disputed property interest had been donated to a family trust, terminated the trust, and ordered transfer to the beneficiaries.

• Trust Property Control Act
• Interpretation Of Trust Deed
• Immovable Property Transfer
• Termination Of Trust
• Distribution To Beneficiaries
• Trust-property-control-act

Price and Another v Kaplan N.O and Others (Leave to Appeal)

Price and Another v Kaplan N.O and Others (Leave to Appeal) [2023] ZAGPPHC 435; 44937/2019 (15 June 2023)

Court

North Gauteng High Court, Pretoria

Case number

44937/2019

Judge

Baqwa

High Court refusal of leave to appeal in a trust dispute, finding no reasonable prospects of success and awarding costs, including senior counsel.

• Leave To Appeal Threshold
• Trustee Removal
• Interpretation Of Trust Deed
• Costs De Bonis Propriis
• Leave-to-appeal
• Trust-law

Toise v Trustees for the time being of the Blaauwkrantz Employees Trust and Others (1883/2020)

Toise v Trustees for the time being of the Blaauwkrantz Employees Trust and Others (1883/2020) [2023] ZAECMKHC 20 (7 March 2023)

Court

Eastern Cape High Court, Makhanda

Case number

1883/2020

Judge

N G Beshe

The court found that the Trust Deed does not provide for automatic disqualification of beneficiaries or trustees upon termination of employment or residence. The language and context of the Trust Deed support the respondents' interpretation that once a person qualifies as a beneficiary or trustee, their status is not lost solely due to cessation of employment or residence. The applicant failed to establish that removal of the trustees would be in the interest of the Trust and its beneficiaries as required by Section 20 of the Trust Property Control Act. The application appears aimed at stripp…

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• Trust Property Control Act
• Removal Of Trustees
• Interpretation Of Trust Deed
• Locus Standi
• Non Joinder
• Counter Application

Wiid en Anders v Wiid and Anders (1571/2006)

Wiid en Anders v Wiid and Anders (1571/2006) [2012] ZANCHC 9 (30 April 2012)

Court

Northern Cape High Court, Kimberley

Case number

1571/2006

Judge

Lacock, R

The Northern Cape High Court dismissed an application for leave to appeal, finding no reasonable prospects of success regarding a trust deed interpretation dispute.

• Leave To Appeal
• Trustee Liability
• Interpretation Of Trust Deed
• Damages
• Fiduciary Duties
• Leave-to-appeal

Lewis NO and Others v Cooper NO and Another, Lewis v Soundprops 236 (Pty) Ltd and Others (11292/08, 14889/08)

Lewis NO and Others v Cooper NO and Another, Lewis v Soundprops 236 (Pty) Ltd and Others (11292/08, 14889/08) [2009] ZAWCHC 51 (27 February 2009)

Court

Western Cape High Court, Cape Town

Case number

11292/08, 14889/08

Judge

P B Fourie

The court refused leave to appeal, finding the grounds of appeal inadequately framed, unsupported as to postponement, and raising no reasonable prospect of success.

• Leave To Appeal Requirements
• Ultra Vires Contracts
• Postponement Of Proceedings
• Interpretation Of Trust Deed
• Leave-to-appeal
• Civil-procedure

Potgieter NO en andere v Shell South Africa (Pty) Ltd (390/2001)

Potgieter NO en andere v Shell South Africa (Pty) Ltd (390/2001) [2002] ZASCA 105; 2003 (1) SA 163 (SCA) (13 September 2002)

Court

Supreme Court of Appeal

Case number

390/2001

Judges

Howie, Olivier, Nugent, Conradie, Jones

The court held that the trust deed, when properly interpreted, did not intend to restrict the term 'company' to its strict technical meaning, and that a close corporation falls within its ambit for the purposes of trustee powers. The trustees were authorised to bind the trust as surety for Dirkies Vervoer, as the suretyship was for the benefit of Dirkie, the sole beneficiary involved. The lack of evidence to rebut the prima facie inference that the trustees acted to benefit Dirkie meant the trust was liable. The appeal was dismissed and the costs order of the lower court, including costs of t…

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• Trustee Powers
• Suretyship
• Interpretation Of Trust Deed

Commissioner for Inland Revenue v Pretorius (206/84)

Commissioner for Inland Revenue v Pretorius (206/84) [1985] ZASCA 97; [1986] 1 All SA 336 (A) (25 September 1985)

Court

Supreme Court of Appeal

Case number

206/84

Judges

Corbett, Joubert, Grosskopf, Galgut, Nicholas

The Appellate Division held that Pretorius’s unit transfer came from a separate contract with Orchid Trust trustees, so the transfer duty exemption did not apply.

• Transfer Duty Exemption
• Trust Property Transfer
• Sectional Title Units
• Interpretation Of Trust Deed
• Transfer-duty
• Trust-law