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South Africa Case Law

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Commercial And Corporate [2025] ZACC 14

Shepstone and Wylie Attorneys v De Witt N.O. and Others (CCT 171/23)

Shepstone and Wylie Attorneys v De Witt N.O. and Others (CCT 171/23) [2025] ZACC 14 (1 August 2025)

Court
Constitutional Court
Case number
CCT 171/23
Judges
Maya CJ, Madlanga ADCJ, Kollapen J, Majiedt J, Mathopo J, Rogers J, Theron J, Tolmay AJ, Tshiqi J

The Constitutional Court held that the Supreme Court of Appeal misapplied and misstated the law regarding trustee decision-making. The Trust Deed, as interpreted, allowed for decisions to be made at a quorate meeting of two trustees, provided reasonable notice was given to all trustees. The requirement for unanimity applied only to specific powers, such as conducting business in a commercial sense (item 26 of the appendix), and not to all trustee decisions. The resolution to execute the deed of suretyship was validly passed at a properly convened meeting, and the subsequent signing by two tru…

Source excerpt

  • Trust Deed Interpretation
  • Suretyship Authorisation
  • Majority Vs Unanimity
  • Resolution Validity
  • Trustee Powers
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Land And Property [2015] ZAWCHC 116

Hanekom v Voight N.O and Others (15 493/2014)

Hanekom v Voight N.O and Others (15 493/2014) [2015] ZAWCHC 116; 2016 (1) SA 416 (WCC); [2016] 2 All SA 155 (WCC) (13 August 2015)

Court
Western Cape High Court, Cape Town
Case number
15 493/2014
Judges
Dlodlo, Bozalek, Riley

The Court held that the 2001 Memorandum constituted a valid amendment to the 1980 Trust Deed. The Master of the High Court had authorised the trustees based on the 2001 Memorandum, and this administrative action stands until set aside by judicial review. The Court found that the trust's assets and circumstances had changed significantly since its creation, and the original testamentary provisions were no longer practical or determinative. The power to dissolve the trust under clause H of the 1980 Trust Deed necessarily included the power to amend it. The Court rejected the Appellant's relianc…

Source excerpt

  • Trust Deed Amendment
  • Fiduciary Duties
  • Administrative Action
  • Majority Vs Unanimity
  • Testamentary Trust
  • Costs Order
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.