South Africa Case Law

Glencore Operations South Africa (Pty) Ltd and Another v Master of The High Court, North West and Others (M584/2020)

Glencore Operations South Africa (Pty) Ltd and Another v Master of The High Court, North West and Others (M584/2020) [2022] ZANWHC 38 (30 September 2022)

Court

North West High Court, Mafikeng

Case number

M584/2020

Judge

DJAJE

The court dismissed an application challenging trustee appointments and granted a counterclaim amending a community trust deed and ordering disclosure of trust documents.

• Trust Deed Amendment
• Appointment Of Trustees
• Traditional Council Authority
• Trust Property Control Act
• Community Benefit
• Joinder And Misjoinder

Mokken N.O and Others v Master of the High Court, Pretoria and Others (33000/20)

Mokken N.O and Others v Master of the High Court, Pretoria and Others (33000/20) [2021] ZAGPPHC 742 (2 November 2021)

Court

North Gauteng High Court, Pretoria

Case number

33000/20

Judge

DT Skosana

The High Court dismissed a challenge to amended trust deeds and letters of authority, finding no factual basis for duress, misrepresentation, or referral to trial.

• Trust Deed Amendment
• Administrative Action Review
• Letters Of Authority
• Duress In Contract
• Non Disclosure
• Trust-law

Ferreira and Another v Van der Merwe N.O and Others (2727/2018)

Ferreira and Another v Van der Merwe N.O and Others (2727/2018) [2019] ZAECPEHC 39 (13 June 2019)

Court

Eastern Cape High Court, Port Elizabeth

Case number

2727/2018

Judge

N.J. Mullins

The court found that the original trust deed did not provide for amendment, and the Founder was deceased at the time of the purported amendment in 2010. Therefore, the amendment effected by the Original Trustee was invalid and of no force and effect. Even if amendment were possible, the Applicants had accepted the benefits conferred by the original trust deed, and any amendment required their consent, which was not obtained. The appointment of the First to Third Respondents as trustees was also declared null and void, as it flowed from the invalid amendment. The court further held that the Fo…

Source excerpt

• Trust Deed Amendment
• Beneficiary Rights
• Trustee Appointment
• Waiver Of Benefits

M and Others v Wim Krynauw Incorporated and Others (41450/2017)

M and Others v Wim Krynauw Incorporated and Others (41450/2017) [2018] ZAGPJHC 489 (19 September 2018)

Court

South Gauteng High Court, Johannesburg

Case number

41450/2017

Judge

Windell

The court declared a contingency fee agreement invalid, ordered taxation of attorney-and-own-client costs, amended a trust deed, and referred child-welfare concerns for investigation.

• Contingency Fee Agreement
• Attorney And Client Bill Of Costs
• Trust Deed Amendment
• Fiduciary Duties
• Professional Conduct Of Attorneys
• Taxation Of Costs

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