South Africa Case Law

Shepstone and Wylie Attorneys v De Witt N.O. and Others (CCT 171/23)

Shepstone and Wylie Attorneys v De Witt N.O. and Others (CCT 171/23) [2025] ZACC 14 (1 August 2025)

Court

Constitutional Court

Case number

CCT 171/23

Judges

Maya CJ, Madlanga ADCJ, Kollapen J, Majiedt J, Mathopo J, Rogers J, Theron J, Tolmay AJ, Tshiqi J

The Constitutional Court held that the Supreme Court of Appeal misapplied and misstated the law regarding trustee decision-making. The Trust Deed, as interpreted, allowed for decisions to be made at a quorate meeting of two trustees, provided reasonable notice was given to all trustees. The requirement for unanimity applied only to specific powers, such as conducting business in a commercial sense (item 26 of the appendix), and not to all trustee decisions. The resolution to execute the deed of suretyship was validly passed at a properly convened meeting, and the subsequent signing by two tru…

Source excerpt

• Trust Deed Interpretation
• Suretyship Authorisation
• Majority Vs Unanimity
• Resolution Validity
• Trustee Powers

Georgiou N.O and Another v Poole and Another (A143/2024 ; 2566/2021)

Georgiou N.O and Another v Poole and Another (A143/2024 ; 2566/2021) [2025] ZAGPPHC 738 (21 July 2025)

Court

North Gauteng High Court, Pretoria

Case number

A143/2024 ; 2566/2021

Judges

M J Teffo, M Motha, M M D Lenyai

The court held that the Trust, as heir and beneficiary, does not acquire ownership of the deceased's assets upon death but only a contingent personal right against the executor, enforceable after confirmation of the liquidation and distribution account. This right is financial, not legal, and does not confer locus standi to intervene in sequestration proceedings. The trustees were inquorate and failed to appoint a third trustee as required by the Trust Deed, further undermining their standing. The court found no merit in the argument that Mr Poole lacked locus standi due to the alleged cessio…

Source excerpt

• Locus Standi
• Intervention Application
• Sequestration
• Trust Deed Interpretation
• Business Rescue Plan

Gumede and Others v Master of the High Court, Pietermaritzburg and Others (4315/2024P)

Gumede and Others v Master of the High Court, Pietermaritzburg and Others (4315/2024P) [2025] ZAKZPHC 22 (26 February 2025)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

4315/2024P

Judge

Mngadi

The court held the Master acted outside the Trust Property Control Act and trust deed in appointing trustees, set aside the new appointments, and dismissed reinstatement relief.

• Trust Property Control Act
• Appointment And Removal Of Trustees
• Judicial Review Of Administrative Action
• Locus Standi
• Trust Deed Interpretation
• Trust-property-control-act

Gees v Duthie and Others (4024/2024)

Gees v Duthie and Others (4024/2024) [2024] ZAWCHC 301 (10 October 2024)

Court

Western Cape High Court, Cape Town

Case number

4024/2024

Judge

P. S. Van Zyl

The court dismissed an application to appoint a successor trustee and upheld a 2020 trust deed amendment, finding the trustee nomination power was collective, not individual.

• Trust Deed Interpretation
• Appointment Of Trustee
• Protector Role In Trust
• Amendment Of Trust Deed
• Trust-deed-interpretation
• Appointment-of-trustee

Hartmann and Others v Hacker N.O and Others (4720/2023)

Hartmann and Others v Hacker N.O and Others (4720/2023) [2024] ZAFSHC 225 (30 July 2024)

Court

Free State High Court, Bloemfontein

Case number

4720/2023

Judge

Mgudlwa AJ

The court dismissed an application to compel distribution of trust assets, finding the applicants lacked locus standi and had not met the requirements for trust termination.

• Trust Deed Interpretation
• Locus Standi
• Maladministration Of Trust
• Termination Of Trust
• Trust Property Control Act
• Costs Award

Masithela N.O. and Others v Master of the High Court Pretoria and Others (60899/2021)

Masithela N.O. and Others v Master of the High Court Pretoria and Others (60899/2021) [2024] ZAGPPHC 287 (19 March 2024)

Court

North Gauteng High Court, Pretoria

Case number

60899/2021

Judge

P J Vermeulen

The court found that the Winter Cereal Trust was incapacitated from acting in litigation due to having fewer than the minimum number of trustees required by its trust deed. The applicants, acting as trustees, could not lawfully institute proceedings or mandate attorneys without a properly constituted trustee body and valid resolutions. The purported authority given to Bokwa Law Incorporated was invalid, and the applicants failed to demonstrate compliance with the trust deed or joint action as required by law. The notice of substitution of parties was defective, as it was filed after the comme…

Source excerpt

• Trustee Authority
• Joinder And Substitution
• Rule 7 Challenge
• Rule 30a Application
• Trust Deed Interpretation
• Costs Orders

J.S.B v B.B N.O and Others (2048/2022)

J.S.B v B.B N.O and Others (2048/2022) [2024] ZANCHC 15 (16 February 2024)

Court

Northern Cape High Court, Kimberley

Case number

2048/2022

Judge

Mamosebo

The court found that the applicant, despite being an unrehabilitated insolvent, retains locus standi to litigate in his personal capacity regarding the appointment of trustees, as the right in question does not pertain to his insolvent estate but to the trust assets. The trust deed, specifically clause 5.3.1, vests the exclusive authority to appoint substituting trustees in the applicant. The first respondent's resolution appointing the second and third respondents as trustees was unlawful, as her powers are limited to appointing additional trustees, not filling vacancies created by the appli…

Source excerpt

• Trust Deed Interpretation
• Locus Standi
• Appointment Of Trustees
• Sequestration Effects

Schoonhoven N.O and Others v Schoonhoven and Others (7608/2020)

Schoonhoven N.O and Others v Schoonhoven and Others (7608/2020) [2024] ZAKZPHC 1; [2024] 2 All SA 250 (KZP); 2024 (4) SA 240 (KZP) (19 January 2024)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

7608/2020

Judge

E Bezuidenhout

The High Court dismissed an application seeking a declaration that trustees may select capital beneficiaries of a family trust on termination.

• Trust Deed Interpretation
• Declaratory Relief
• Testamentary Directives
• Rectification Of Instruments
• Trust-deed-interpretation
• Capital-beneficiaries

Dunn N.O. v Thompson and Others (12025/2022)

Dunn N.O. v Thompson and Others (12025/2022) [2023] ZAWCHC 281 (14 November 2023)

Court

Western Cape High Court, Cape Town

Case number

12025/2022

Judge

J Cloete

The court interpreted a family trust deed and held that the deceased estates had no vested right to capital distributions. The respondents' striking out application succeeded.

• Trust Deed Interpretation
• Beneficiary Rights
• Capital Distribution
• Striking Out Application
• Trust-deed-interpretation
• Beneficiary-rights

Estate late Hafiz and Others v Hafiz and Others (804/2022)

Estate late Hafiz and Others v Hafiz and Others (804/2022) [2023] ZASCA 114; 2024 (2) SA 374 (SCA) (27 July 2023)

Court

Supreme Court of Appeal

Case number

804/2022

Judges

Dambuza, Goosen, Mali, Siwendu, Unterhalter

The Supreme Court of Appeal held that the Hafiz Trust was validly created in 1994, but set aside later amendments and limited trusteeship to Ahmed Hafiz.

• Trust Deed Interpretation
• Trustee Appointment
• Variation Of Trust
• Trust Property Control Act
• Succession Of Trustees
• Trust-deed-interpretation