Xulu v Master of High Court Pietermaritzburg (LCC41/2022)
Xulu v Master of High Court Pietermaritzburg (LCC41/2022) [2024] ZALCC 20 (29 July 2024)
The Land Court declined to exercise jurisdiction over the review of the Master’s appointment of a trustee for the Nkunzana Communal Property Trust. The Court found that, although the proceedings were pending at the commencement of the Land Court Act and the applicants sought to rely on its transitional and incidental jurisdiction provisions, the dispute primarily concerns trust law, which falls within the ordinary jurisdiction of the High Court. The issues on review are complex and not straightforward, involving trust law questions not fully canvassed in argument. The legislature did not conf…
Source excerpt
- Trustee Appointment
- Jurisdiction Of Land Court
- Restitution Of Land Rights Act
- Incidental Jurisdiction
- Review Of Administrative Action