South Africa Case Law

Hoosen NO and Others v Deedat and Others (336/97)

Hoosen NO and Others v Deedat and Others (336/97) [1999] ZASCA 49; [1999] 4 All SA 139 (A) (16 July 1999)

Court

Supreme Court of Appeal

Case number

336/97

Judges

Mahomed, Smalberger, Olivier, Streicher, Melunsky

The Supreme Court of Appeal held that the Trust Deed does not expressly or impliedly authorise an individual trustee to delegate his powers and duties to a non-trustee. The Trust Deed requires collective action by trustees and only permits delegation of administrative functions by the trustees acting jointly. The personal attributes and judgment of trustees are central to the Trust's operation, especially given its religious and charitable objectives. The Power of Attorney granted by the third respondent to the first respondent sought to transfer discretionary powers and duties, which is lega…

Source excerpt

• Trust Deed Interpretation
• Delegation Of Trustee Powers
• Religious Trusts
• Fiduciary Duties