South Africa Case Law

C.J.R v H.W.R and Others (8327/2023)

C.J.R v H.W.R and Others (8327/2023) [2025] ZALMPPHC 134 (7 July 2025)

Court

Limpopo High Court, Polokwane

Case number

8327/2023

Judge

S Du Plessis

The court found that the applicant, as founder and donor of the trust, has locus standi to seek amendment of the trust deed under section 13 of the Trust Property Control Act. The appointment of the first respondent as beneficiary constituted a donation, evidenced by the trust deed's provisions and the intention to enrich the beneficiary. The first respondent's repeated assaults and criminal behaviour after being appointed as beneficiary amounted to gross ingratitude, justifying revocation of the donation. The court held that section 13 empowers it to vary trust provisions where the founder's…

Source excerpt

• Trust Property Control Act
• Removal Of Beneficiary
• Gross Ingratitude
• Donation Revocation
• Amendment Of Trust Deed

Ngapo v Huma N.O and Another (014208/23)

Ngapo v Huma N.O and Another (014208/23) [2025] ZAGPPHC 384 (9 April 2025)

Court

North Gauteng High Court, Pretoria

Case number

014208/23

Judge

Flatela Luleka

The High Court dismissed claims for trust maintenance and fee payments, but ordered the trustees to provide the applicant with trust financial records from 2020 onward.

• Trust Property Control Act
• Fiduciary Duties Of Trustees
• Final Interdict
• Duty To Account
• Motion Proceedings Dispute Of Fact
• Discretionary-trusts

A.M v H.M and Others (A127/2024; 42362/2021)

A.M v H.M and Others (A127/2024; 42362/2021) [2025] ZAGPPHC 332 (27 March 2025)

Court

North Gauteng High Court, Pretoria

Case number

A127/2024; 42362/2021

Judges

Labuschagne, Bam, Mbongwe

Full Court appeal in Pretoria held that a trust was properly cited and that several exceptions should not have been upheld; the appeal succeeded with costs.

• Trust Property Control Act
• Specific Performance
• Joinder Of Parties
• Suretyship
• Exception Procedure
• Settlement Agreement Enforcement

Mahomed N.O and Others v Al-Al Shaikh N.O and Others (2023/007716)

Mahomed N.O and Others v Al-Al Shaikh N.O and Others (2023/007716) [2025] ZAGPJHC 300 (24 March 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2023/007716

Judge

L R Adams

The High Court terminated the King Fahad Islamic Centre Trust under section 13, finding its joint-administration structure had permanently frustrated its objects.

• Trust Property Control Act
• Termination Of Trust
• Joint Trustee Administration
• Transfer Of Trust Property
• Costs Award
• Counter Application Dismissal

Museler N.O v Momberg N.O and Others (617/2022)

Museler N.O v Momberg N.O and Others (617/2022) [2025] ZAECMKHC 29 (18 March 2025)

Court

Eastern Cape High Court, Makhanda

Case number

617/2022

Judge

Govindjee

The High Court dismissed an application to remove a trustee from the Wynhelee Trust, finding no sufficient threat to the trust’s proper administration.

• Trustee Removal
• Trust Property Control Act
• Fiduciary Duties
• Deadlock In Trusteeship
• Costs Award
• Trustee-removal

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

Glencore Operations South Africa (Pty) Limited and Others v Master of the High Court, Northwest and Others (945/2023; 1081/2023)

Glencore Operations South Africa (Pty) Limited and Others v Master of the High Court, Northwest and Others (945/2023; 1081/2023) [2024] ZASCA 179 (19 December 2024)

Court

Supreme Court of Appeal

Case number

945/2023; 1081/2023

Judges

Dambuza, Mocumie, Mbatha, Smith, Koen

The Supreme Court of Appeal found that the second to seventh respondents were not lawfully appointed as trustees of the Bakwena-ba-Mogopa Trust, as their appointment did not comply with the requirements of the trust deed. The Master of the High Court lacked the power under section 6(1) of the Trust Property Control Act to authorise persons not validly appointed as trustees. The high court erred in condoning the irregular appointments and granting the counter-application for amendment of the trust deed, as the respondents lacked locus standi and sufficient interest in the trust property. The a…

Source excerpt

• Trust Property Control Act
• Appointment Of Trustees
• Amendment Of Trust Deed
• Locus Standi
• Fiduciary Duties
• Governance Of Trusts

A.J and Others v R.C.F NO and Others (083964/2023)

A.J and Others v R.C.F NO and Others (083964/2023) [2024] ZAGPPHC 1104 (21 October 2024)

Court

North Gauteng High Court, Pretoria

Case number

083964/2023

Judge

Neukircher

The court upheld a trust amendment agreement, set aside a later trustee resolution, and removed the trustees for acting against the trust’s interests.

• Trustee Removal
• Trust Property Control Act
• Breach Of Trust Deed
• Interdictory Relief
• Declaratory Relief
• Trustee-removal

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

Jooste NO and Another v Pretorius and Others (695/2023)

Jooste NO and Another v Pretorius and Others (695/2023) [2024] ZASCA 130; [2024] 4 All SA 659 (SCA); 2025 (3) SA 95 (SCA) (1 October 2024)

Court

Supreme Court of Appeal

Case number

695/2023

Judges

Schippers, Nicholls, Mothle, Unterhalter, Baartman

The Supreme Court of Appeal held that the trustees validly exercised the power under clause 11.1.5 of the trust deed to require the respondent to resign, as the decision was taken unanimously, for compelling reasons, and in the interests of the Trust and its beneficiaries. The respondent's conduct, including exclusion of other trustees, false statements to the court, and jeopardising donor support, justified her removal. The court found that procedural fairness was afforded, the decision was not arbitrary, and the respondent's constitutional rights were not infringed. The High Court erred in…

Source excerpt

• Trustee Removal
• Trust Property Control Act
• Interpretation Of Trust Deed
• Fiduciary Duties
• Interim Interdict
• Costs De Bonis Propriis