Mfeka and Others v Nkawana and Others (AR33/2019)
Mfeka and Others v Nkawana and Others (AR33/2019) [2020] ZAKZPHC 6 (28 February 2020)
The court held that the remaining trustees of the Bhangazi Community Trust did not have the legal standing to oppose the application or prosecute the appeal, as the trust deed required a minimum of seven trustees and only two remained with letters of authority. Section 6(1) of the Trust Property Control Act mandates that trustees may only act if authorised by the Master, and actions taken by unauthorised trustees are a nullity. The court relied on the Parker and Lupacchini decisions, which establish that a trust cannot act when the minimum number of authorised trustees is not met, and any leg…
Source excerpt
- Trust Deed Compliance
- Legal Standing Of Trustees
- Removal Of Trustees
- Structural Relief
- Costs Orders