South Africa Case Law

Van As N.O. and Others v Jacobs N.O. and Others (54121/2019)

Van As N.O. and Others v Jacobs N.O. and Others (54121/2019) [2024] ZAGPPHC 292 (27 March 2024)

Court

North Gauteng High Court, Pretoria

Case number

54121/2019

Judge

T P Krüger

The court found that Mrs Jacobs and Matthee, in their representative capacities as trustees of the Deelkraal Behuisings Trust, were in contempt of the court order issued on 6 May 2019. Both had knowledge of the order and failed to comply, continuing to collect rental income for their own benefit and disregarding trust procedures. The court held that their conduct was wilful and not excusable. The acrimony and inability of the trustees to cooperate imperilled the proper administration of the trust and the interests of its beneficiaries. Accordingly, all current trustees, including the first ap…

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• Trust Property Control Act
• Removal Of Trustees
• Contempt Of Court
• Fiduciary Duty
• Amendment Of Trust Deed
• Costs Order

Toise v Trustees for the time being of the Blaauwkrantz Employees Trust and Others (1883/2020)

Toise v Trustees for the time being of the Blaauwkrantz Employees Trust and Others (1883/2020) [2023] ZAECMKHC 20 (7 March 2023)

Court

Eastern Cape High Court, Makhanda

Case number

1883/2020

Judge

N G Beshe

The court found that the Trust Deed does not provide for automatic disqualification of beneficiaries or trustees upon termination of employment or residence. The language and context of the Trust Deed support the respondents' interpretation that once a person qualifies as a beneficiary or trustee, their status is not lost solely due to cessation of employment or residence. The applicant failed to establish that removal of the trustees would be in the interest of the Trust and its beneficiaries as required by Section 20 of the Trust Property Control Act. The application appears aimed at stripp…

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• Trust Property Control Act
• Removal Of Trustees
• Interpretation Of Trust Deed
• Locus Standi
• Non Joinder
• Counter Application

Kellerman and Others v Bester N.O and Others (5167/2022)

Kellerman and Others v Bester N.O and Others (5167/2022) [2023] ZAWCHC 29 (17 February 2023)

Court

Western Cape High Court, Cape Town

Case number

5167/2022

Judge

Wille

The High Court dismissed an application to remove insolvent estate trustees, finding no misconduct and holding that the first applicant lacked locus standi.

• Removal Of Trustees
• Insolvency Proceedings
• Creditor Locus Standi
• Misconduct Of Trustees
• Sequestration
• Liquidation Of Company

Dladla N.O and Others v Lamula N.O and Others (27440/21)

Dladla N.O and Others v Lamula N.O and Others (27440/21) [2022] ZAGPPHC 868 (18 November 2022)

Court

North Gauteng High Court, Pretoria

Case number

27440/21

Judge

Kooverjie

The High Court removed all trustees of a land restitution trust for maladministration and appointed Petrus Zeelie as sole trustee for 12 months.

• Trust Property Control Act
• Removal Of Trustees
• Fiduciary Duties
• Land Restitution
• Beneficiary Verification
• Maladministration

De Kooker N.O. and Others v Snyman (A5099/2020; 44142/2017)

De Kooker N.O. and Others v Snyman (A5099/2020; 44142/2017) [2022] ZAGPJHC 774 (9 September 2022)

Court

South Gauteng High Court, Johannesburg

Case number

A5099/2020; 44142/2017

Judges

Crutchfield, Senyatsi, Dlamini

The court found that the respondent did not provide sufficient factual basis to justify the termination of the Trust or the removal of the trustees. The Trust deed contained clauses that could be amended to better protect the beneficiary's interests, but the respondent failed to propose specific amendments or engage with the trustees prior to litigation. The trustees had provided the requested information and acted in accordance with their duties. The order terminating the Trust and transferring funds to the respondent's attorney was potentially prejudicial and unnecessary. The appropriate re…

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• Trust Property Control Act
• Removal Of Trustees
• Variation Of Trust Deed
• Road Accident Fund Award
• Costs De Bonis Propriis

Noome and Others v Botha N.O. and Others (4405/2021)

Noome and Others v Botha N.O. and Others (4405/2021) [2022] ZAFSHC 108 (23 May 2022)

Court

Free State High Court, Bloemfontein

Case number

4405/2021

Judge

Opperman

The court held that trustees could not sell a farm specifically bequeathed in a will, declared the sale invalid, and ordered costs against the respondents.

• Interpretation Of Wills
• Testamentary Trusts
• Fiduciary Duties
• Alienation Of Trust Property
• Removal Of Trustees
• Succession Rights

B.R.R v M.B.J and Others (2020/11552)

B.R.R v M.B.J and Others (2020/11552) [2021] ZAGPJHC 396; [2021] 4 All SA 383 (GJ) (30 June 2021)

Court

South Gauteng High Court, Johannesburg

Case number

2020/11552

Judge

Gilbert AJ

The High Court dismissed an application to increase trust maintenance, declare children capital beneficiaries, and remove trustees of a testamentary trust.

• Testamentary Trusts
• Removal Of Trustees
• Maintenance Of Minors
• Fiduciary Duties
• Conflict Of Interest
• Trust Property Control Act

Minister of Public Service and Administration v Ntsinde and Others (A63/2019)

Minister of Public Service and Administration v Ntsinde and Others (A63/2019) [2020] ZAGPJHC 399 (23 December 2020)

Court

South Gauteng High Court, Johannesburg

Case number

A63/2019

Judges

Molahlehi, Makume, Madiba

The court held that the Minister's removal of Ms Ntsinde as a trustee of GEMS did not constitute administrative action as defined by PAJA. The Minister's powers under Rule 19.3 of the GEMS Rules are contractual, not statutory, and do not have a direct external legal effect beyond the scheme's voluntary members. The Medical Schemes Act does not confer removal powers on the Minister; such powers are reserved for the Council under section 46. The principle of legality does not require a hearing or representations in this context, as Rule 19.3 does not imply such a right. Reading a right to a hea…

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• Promotion Of Administrative Justice Act
• Legality Review
• Removal Of Trustees
• Procedural Fairness
• Contractual Powers

Alberts and Others v Chairperson of Council for Medical Schemes (61223/2007)

Alberts and Others v Chairperson of Council for Medical Schemes (61223/2007) [2020] ZAGPPHC 722 (3 November 2020)

Court

North Gauteng High Court, Pretoria

Case number

61223/2007

Judge

Janse van Nieuwenhuizen

The court found that the Council followed the statutory procedure set out in section 46 of the Medical Schemes Act. The trustees were furnished with full details of the allegations and given an extended opportunity to respond. The Council considered all relevant documents and representations before making its decision. The applicants' contentions regarding procedural unfairness and material errors of fact were not supported by the evidence, as the Council's reasons demonstrated that all facts and responses were duly considered. The argument that the decision was irrational was rejected, as th…

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• Promotion Of Administrative Justice Act
• Procedural Fairness
• Material Error Of Fact
• Irrationality
• Removal Of Trustees

Van der Walt v Van der Walt NO and Others (5525/2018)

Van der Walt v Van der Walt NO and Others (5525/2018) [2020] ZAWCHC 120 (20 October 2020)

Court

Western Cape High Court, Cape Town

Case number

5525/2018

Judge

Rogers

The applicant, having resigned as trustee and waived his rights as beneficiary, lacked standing to seek removal of trustees or other relief concerning the administration of the Van der Walt Family Trust. The trust deed did not reserve any rights to the founder, and neither statute nor common law conferred standing in these circumstances. The applicant's loan account claim was not established on the papers, and the respondents' version regarding repayment and prescription could not be rejected. The interlocutory application for leave to file a supplementary replying affidavit was dismissed as…

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• Trust Property Control Act
• Locus Standi
• Removal Of Trustees
• Loan Account Prescription
• Maladministration Of Trust