South Africa Case Law

Tshetlo v Tsomele and Others (2023/125901)

Tshetlo v Tsomele and Others (2023/125901) [2025] ZAGPJHC 335 (26 March 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2023/125901

Judge

A Mitchell

The Master’s decision to recall and cancel the applicant’s letters of executorship was invalid, as it was not based on any statutory grounds under section 54(1)(b) of the Administration of Estates Act and was not supported by facts or legal reasoning. The letters of executorship issued to the applicant remain valid and effective unless and until set aside by a court of competent jurisdiction. The applicant is entitled to reinstatement as executor and to costs, as she was substantially successful. Costs on the attorney and own client scale were not justified; party and party costs were awarded.

Source excerpt

• Administrative Action
• Removal Of Executor
• Review Of Master Decision
• Promotion Of Administrative Justice Act

Lethoko and Another v Master of the High Court Johannesburg (2022/22404)

Lethoko and Another v Master of the High Court Johannesburg (2022/22404) [2025] ZAGPJHC 106 (8 January 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2022/22404

Judge

F. Bezuidenhout

The High Court reviewed and set aside the Master’s decision to transfer intestate estate funds to the Guardians Fund, ordering payment to the beneficiary.

• Review Of Master Decision
• Intestate Succession
• Locus Standi
• Guardians Fund Transfer
• Review-of-master-decision
• Intestate-succession

Standard Bank of South Africa Limited v Master of the High Court, Bloemfontein and Others (2423/2023)

Standard Bank of South Africa Limited v Master of the High Court, Bloemfontein and Others (2423/2023) [2024] ZAFSHC 164 (22 May 2024)

Court

Free State High Court, Bloemfontein

Case number

2423/2023

Judges

Mhlambi, Opperman

The High Court reviewed and set aside the Master's refusal to uphold Standard Bank's objections to an insolvency account and ordered the account amended.

• Insolvency Act
• Remuneration Of Trustee
• Double Dipping
• Review Of Master Decision
• Contribution By Creditors
• Legal Costs In Insolvency

NSP Unsgaard (Pty) Ltd v Master of the High Court, Cape Town and Another (11371/2022)

NSP Unsgaard (Pty) Ltd v Master of the High Court, Cape Town and Another (11371/2022) [2023] ZAWCHC 223 (28 August 2023)

Court

Western Cape High Court, Cape Town

Case number

11371/2022

Judge

Savage

The High Court reviewed and set aside the Master’s decision on a pre-liquidation set off, then held the set off should be disregarded under section 46 of the Insolvency Act.

• Company Winding Up
• Set Off
• Insolvency Act Section 46
• Review Of Master Decision
• Preference Of Creditors
• Insolvency

Matsepe N.O and Another v Kroons Gourmet Chickens (Pty0 Ltd and Others (A185/2020)

Matsepe N.O and Another v Kroons Gourmet Chickens (Pty0 Ltd and Others (A185/2020) [2023] ZAGPPHC 674 (24 July 2023)

Court

North Gauteng High Court, Pretoria

Case number

A185/2020

Judges

MNGQIBISA-THUSI, N Janse van Nieuwenhuizen, H Kooverjie

The court held that although the respondents did not object to the inclusion of legal costs for the section 417 enquiry in their objection to the Master, this was because the relevant facts only became apparent in the affidavits filed during the review application. The issue was fully canvassed in the papers and argued before the court a quo, and the appellants conceded that such costs do not ordinarily form part of administration costs. Section 407(4)(a) empowers the court to make any order it deems fit, and the relief granted was covered by the prayer for further and/or alternative relief.…

Source excerpt

• Liquidation And Distribution Account
• Costs In Liquidation
• Section 417 Enquiry
• Review Of Master Decision
• Settlement Agreement Obligations

Poolo and Others v Sithole N.O and Others

Poolo and Others v Sithole N.O and Others [2023] ZAGPPHC 461; 29850/2021 (9 June 2023)

Court

North Gauteng High Court, Pretoria

Case number

29850/2021

Judge

Phooko

The court dismissed an unopposed challenge to a will and executorship, finding no handwriting expert evidence of forgery and defective service on affected parties.

• Wills Act Formalities
• Review Of Master Decision
• Burden Of Proof
• Service Of Process
• Wills-act-formalities
• Will-fraud-and-forgery

MGG Productions (Pty) Ltd v Ramodike NO and Others (38218/2018)

MGG Productions (Pty) Ltd v Ramodike NO and Others (38218/2018) [2020] ZAGPJHC 4; 2021 (4) SA 543 (GJ) (16 January 2020)

Court

South Gauteng High Court, Johannesburg

Case number

38218/2018

Judge

DE Villiers

The court found that the Master’s decision to disregard the set-off was arbitrary and unsupported by adequate reasons. Upon reconsideration of the facts, the court held that the set-off was effected in the ordinary course of business. The reciprocal debts arose from legitimate transactions, were market-related, and the set-off was a common business practice. There was no evidence of collusion, fraud, or substantial disturbance to the distribution of the insolvent estate’s assets. The change from 90-day credit to cash on delivery and the wiping of the slate were normal commercial responses to…

Source excerpt

• Insolvency Act Section 46
• Set Off
• Review Of Master Decision
• Ordinary Course Of Business
• Statutory Review

Bezuidenhout v Master of the High Court, Johannesburg and Others (21233/2016)

Bezuidenhout v Master of the High Court, Johannesburg and Others (21233/2016) [2017] ZAGPJHC 86 (16 March 2017)

Court

South Gauteng High Court, Johannesburg

Case number

21233/2016

Judge

A Gautschi

The High Court reviewed the Master’s decision and held that an immovable property formed part of the deceased’s estate under the divorce settlement.

• Interpretation Of Settlement Agreement
• Division Of Joint Property
• Administration Of Deceased Estates
• Review Of Master Decision
• Divorce-settlement-interpretation
• Immovable-property

De Montlehu v Mayo N.O and Others (42552/2012)

De Montlehu v Mayo N.O and Others (42552/2012) [2014] ZAGPJHC 301; 2015 (3) SA 253 (GJ) (30 April 2014)

Court

South Gauteng High Court, Johannesburg

Case number

42552/2012

Judge

Kathree-Setiloane

The court held that the proviso to section 44(1) of the Insolvency Act applies to the late proof of claims in company liquidation proceedings. Starspan Investments lodged its claim almost five months after the second meeting of creditors without seeking leave from the Master or the Court, and without payment of any sum as directed for late proof. The Master's decision to admit the claim was based on an incorrect interpretation of the law, specifically the reliance on the Stone & Stewart judgment, which the court found to be clearly wrong. The statutory requirement in section 44(1) is perempto…

Source excerpt

• Companies Act Liquidation
• Insolvency Act Proof Of Claims
• Late Proof Of Claims
• Review Of Master Decision

Investec Bank v Strydom and Others (45664/2012)

Investec Bank v Strydom and Others (45664/2012) [2013] ZAGPJHC 59 (28 March 2013)

Court

South Gauteng High Court, Johannesburg

Case number

45664/2012

Judge

C G Lamont

The court found that two procedural defects occurred: the liquidation and distribution account was available for inspection at the incorrect venue, and the liquidator failed to transmit notice to the applicant creditor by registered post as required by the Companies Act and its regulations. These defects deprived the applicant of the opportunity to object to the account, resulting in substantial injustice. The failure to use registered post meant the date of posting and actual notification could not be established, undermining the applicant's rights. The court held that the confirmation of th…

Source excerpt

• Liquidation And Distribution Account
• Procedural Irregularity
• Creditor Notification
• Preferential Rights
• Review Of Master Decision