South Africa Case Law

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

Meier and Others v Du Toit N.O and Others (20736/2021)

Meier and Others v Du Toit N.O and Others (20736/2021) [2023] ZAWCHC 36 (27 February 2023)

Court

Western Cape High Court, Cape Town

Case number

20736/2021

Judge

P.A.L. Gamble

The court found that the applicant was unlawfully excluded from trustee meetings and deprived of notice and the opportunity to be heard, in breach of the trust deed's requirements for joint action and proper procedure. The meetings at which Van Zyl and Du Toit were appointed, and the applicant was removed, were not validly constituted, as the applicant was intentionally excluded and no proper written instrument was executed by the donor as required by the trust deed. The removal was arbitrary and unsupported by good cause. The appointments of Van Zyl and Du Toit as trustees were invalid, and…

Source excerpt

• Trustee Removal
• Trust Deed Interpretation
• Joint Action Of Trustees
• Arbitrary Decision
• Notice And Hearing
• Appointment Of Trustees

Thorpe and Others v Trittenwein and Another (071/05)

Thorpe and Others v Trittenwein and Another (071/05) [2006] ZASCA 30; 2007 (2) SA 172 (SCA) ; [2006] 4 All SA 129 (SCA) (24 March 2006)

Court

Supreme Court of Appeal

Case number

071/05

Judges

Scott, Cameron, Conradie, Lewis, Heher

Sale of immovable property held invalid because one trustee signed without written authority from the other trustees, as required by the statute.

• Alienation Of Land Act
• Written Authority Of Trustees
• Validity Of Deed Of Alienation
• Joint Action Of Trustees
• Alienation-of-land-act
• Trustees-written-authority

Nieuwoudt NO and Another v Vrystaat Mielies (Edms) Bpk. (325/2002)

Nieuwoudt NO and Another v Vrystaat Mielies (Edms) Bpk. (325/2002) [2003] ZASCA 128; [2004] 1 All SA 396 (SCA); 2004 (3) SA 486 (SCA) (28 November 2003)

Court

Supreme Court of Appeal

Case number

325/2002

Judges

Harms, Farlam, Brand, Cloete, Van Heerden

The Supreme Court of Appeal held that the Turquand rule did not assist a trust on these facts and sent the matter to trial to determine authority.

• Trust Deeds
• Joint Action Of Trustees
• Turquand Rule
• Ostensible Authority
• Agency Principles
• Trusts