South Africa Case Law

Slabbert v Van Der Westhuizen N.O and Others (115/2022)

Slabbert v Van Der Westhuizen N.O and Others (115/2022) [2024] ZAECMKHC 109 (4 October 2024)

Court

Eastern Cape High Court, Makhanda

Case number

115/2022

Judge

Rugunanan

The applicant failed to establish that the appointments of the first and second respondents as trustees were invalid or void, as their appointments were properly authorised by the Master and in accordance with the trust deed. The applicant did not demonstrate any conduct by the respondents that imperilled the trust property or its administration, nor any overt refusal to account. The factual disputes raised were not properly ventilated in the founding affidavit, and the applicant's reliance on material from the contempt application was misplaced, as that application was not pursued and its an…

Source excerpt

• Trust Property Control Act
• Removal Of Trustee
• Fiduciary Duties
• Motion Proceedings
• Costs Award

Brand v Brand and Another (16230/2022)

Brand v Brand and Another (16230/2022) [2024] ZAWCHC 116 (26 April 2024)

Court

Western Cape High Court, Cape Town

Case number

16230/2022

Judges

Wille, Thulare

The court found that the first respondent's conduct, including refusal to cooperate with his co-trustee, failure to provide trust records, and conflict of interest regarding claims against his late mother's estate, created a deadlock and imperilled the administration and welfare of the trust and its beneficiaries. The applicant established on a balance of probabilities that removal was justified under section 20(1) of the Trust Property Control Act and common law. The first respondent's opposition and counterapplication were found to be ill-advised and did not address the central issues. The…

Source excerpt

• Trust Property Control Act
• Removal Of Trustee
• Fiduciary Duty
• Conflict Of Interest

R.R and Others v J.R and Others (16015/2022P)

R.R and Others v J.R and Others (16015/2022P) [2024] ZAKZPHC 39 (22 April 2024)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

16015/2022P

Judge

Sibisi AJ

The High Court dismissed an application to remove trustees or wind up a family trust, holding that trustee conflict alone did not justify intervention.

• Trust Property Control Act
• Removal Of Trustee
• Termination Of Trust
• Trustee Deadlock
• Distribution Of Trust Assets
• Removal-of-trustee

Vorster N.O v Buthelezi and Others (10754/2022P)

Vorster N.O v Buthelezi and Others (10754/2022P) [2023] ZAKZPHC 109; [2023] 4 All SA 889 (KZP) (13 October 2023)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

10754/2022P

Judge

E Bezuidenhout

The court removed four trustees of the Ubunye Be Afrika Development Trust after finding they misapplied trust funds and acted contrary to the trust deed.

• Trust Property Control Act
• Removal Of Trustee
• Fiduciary Duties
• Conflict Of Interest
• Trustee Remuneration
• Charitable Trust Objects

Pretorius and Another v Pretorius N.O. and Others

Pretorius and Another v Pretorius N.O. and Others [2023] ZAGPPHC 204; 15895/2021 (15 March 2023)

Court

North Gauteng High Court, Pretoria

Case number

15895/2021

Judge

Maumela

The High Court dismissed an application for leave to appeal against a judgment involving trustee removal and an interim interdict, finding no reasonable prospects of success.

• Leave To Appeal
• Removal Of Trustee
• Trust Property Control Act
• Audi Alteram Partem
• Constitutional Rights
• Leave-to-appeal

Botha and Others v Ruthven and Others

Botha and Others v Ruthven and Others [2023] ZAGPPHC 159; 29145/2021 (8 March 2023)

Court

North Gauteng High Court, Pretoria

Case number

29145/2021

Judge

Noko AJ

The High Court set aside trust resolutions terminating the trust and withdrawing litigation, removed the trustee for conflicted conduct, and awarded punitive costs.

• Trust Property Control Act
• Removal Of Trustee
• Declaratory Relief
• Conflict Of Interest
• Resolution Validity
• Fiduciary Duties

T.S.G v J.G and Others (31558/2021)

T.S.G v J.G and Others (31558/2021) [2023] ZAGPJHC 110 (10 February 2023)

Court

South Gauteng High Court, Johannesburg

Case number

31558/2021

Judge

Vally

The High Court dismissed an application to remove trustees of a children’s trust, holding the applicant had standing as co-settlor but failed to prove grounds for relief.

• Trust Instruments
• Removal Of Trustee
• Parental Responsibility
• Maintenance Orders
• Trust-law
• Trustee-removal

Tshabalala N.O. and Others v Lepee and Others (1263/2022)

Tshabalala N.O. and Others v Lepee and Others (1263/2022) [2023] ZAFSHC 4 (17 January 2023)

Court

Free State High Court, Bloemfontein

Case number

1263/2022

Judge

Daniso

The High Court dismissed an application to remove two trustees of the Nyola Trust, finding unresolved factual disputes and insufficient proof for removal.

• Trust Property Control Act
• Removal Of Trustee
• Fiduciary Duties
• Motion Proceedings
• Burden Of Proof
• Trust-property-control-act

Jansen N.O. and Others v Adams (10870/2020)

Jansen N.O. and Others v Adams (10870/2020) [2022] ZAWCHC 159 (25 August 2022)

Court

Western Cape High Court, Cape Town

Case number

10870/2020

Judge

Hockey

The court dismissed an exception to a third-party claim seeking trustees’ removal, holding the defendant’s public-interest standing case was not untenable at this stage.

• Trust Property Control Act
• Legal Standing
• Removal Of Trustee
• Public Interest Litigation
• Trust-property-control-act
• Standing

Haitas v Froneman and Others

Haitas v Froneman and Others [2021] ZASCA 1 (6 January 2021)

Court

Supreme Court of Appeal

Case number

1158/2019

Judges

Petse, Zondi, van der Merwe, Nicholls, Unterhalter

The Supreme Court of Appeal held that the conduct of the trustees, while not optimal in all respects, did not justify their removal under section 20(1) of the Trust Property Control Act or at common law. The court found no evidence of impropriety, personal gain, or imperilment of trust assets by the trustees. Disharmony and lack of communication between the trustees and the beneficiary, although regrettable, were insufficient grounds for removal. The trustees' appointment as directors of the trust companies was valid under the Trust Deed, and their actions in making payments to Ms Batista wer…

Source excerpt

• Trust Property Control Act
• Removal Of Trustee
• Fiduciary Duties
• Beneficiary Rights
• Trust Deed Interpretation