South Africa Case Law

Xulu v Master of High Court Pietermaritzburg (LCC41/2022)

Xulu v Master of High Court Pietermaritzburg (LCC41/2022) [2024] ZALCC 20 (29 July 2024)

Court

Land Claims Court

Case number

LCC41/2022

Judge

SJ Cowen

The Land Court declined to exercise jurisdiction over the review of the Master’s appointment of a trustee for the Nkunzana Communal Property Trust. The Court found that, although the proceedings were pending at the commencement of the Land Court Act and the applicants sought to rely on its transitional and incidental jurisdiction provisions, the dispute primarily concerns trust law, which falls within the ordinary jurisdiction of the High Court. The issues on review are complex and not straightforward, involving trust law questions not fully canvassed in argument. The legislature did not conf…

Source excerpt

• Trustee Appointment
• Jurisdiction Of Land Court
• Restitution Of Land Rights Act
• Incidental Jurisdiction
• Review Of Administrative Action

Maboa and Another v Sandford Community Trust and Others (118576/2023)

Maboa and Another v Sandford Community Trust and Others (118576/2023) [2023] ZAGPPHC 1974 (29 November 2023)

Court

North Gauteng High Court, Pretoria

Case number

118576/2023

Judge

Ngalwana

The High Court struck an urgent trust application off the roll, holding that urgency was not established and that alleged trust misconduct and delay were insufficient.

• Urgency
• Trustee Appointment
• Non Joinder
• Locus Standi
• Trust-law
• Trustee-appointment

K.H NO v H Trust and Others (035385/2022)

K.H NO v H Trust and Others (035385/2022) [2023] ZAGPJHC 1146 (6 October 2023)

Court

South Gauteng High Court, Johannesburg

Case number

035385/2022

Judge

Strydom

The High Court dismissed an application to terminate a family trust, holding section 13 was not triggered. It ordered the parties to use the deed’s deadlock procedure.

• Trust Termination
• Trust Property Control Act
• Deadlock Resolution
• Trustee Appointment
• Matrimonial Dispute
• 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

Ex Parte: Knoop (9904/2017)

Ex Parte: Knoop (9904/2017) [2019] ZAKZDHC 25 (31 October 2019)

Court

Kwazulu-Natal High Court, Durban

Case number

9904/2017

Judge

Chetty

The court found that it lacked jurisdiction to appoint a trustee to an insolvent estate, as this power is reserved for the Master under section 18 of the Insolvency Act. The ex parte order granted to Knoop was a nullity and of no force or effect. Knoop was never appointed as trustee, nor did he have locus standi to bring the application, as none of the creditors authorized him and SARS confirmed no outstanding claims. The confirmed liquidation and distribution account could not be reopened, as all dividends were paid and no statutory grounds existed. Fraud by the insolvent, while reprehensibl…

Source excerpt

• Insolvency Act Section 18
• Trustee Appointment
• Ex Parte Applications
• Rehabilitation Of Insolvent
• Fraudulent Concealment Of Assets

Sibanda v Road Accident Fund (77461/2014)

Sibanda v Road Accident Fund (77461/2014) [2019] ZAGPPHC 295 (8 July 2019)

Court

North Gauteng High Court, Pretoria

Case number

77461/2014

Judge

Du Preez

The court ordered that a minor’s damages award be protected in an inter vivos trust rather than by parents or the Guardian’s Fund.

• Administration Of Awards To Minors
• Creation Of Inter Vivo Trust
• Guardian's Fund
• Trustee Appointment
• Costs Of Trust Administration
• Inter-vivos-trust

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

Firstrand Bank Limited v Vorster N.O and Others (M150/2018)

Firstrand Bank Limited v Vorster N.O and Others (M150/2018) [2018] ZANWHC 78 (13 December 2018)

Court

North West High Court, Mafikeng

Case number

M150/2018

Judge

Kgoele

The court dismissed jurisdiction and NCA objections, held the trust was properly represented by three trustees, and granted judgment for the bank with costs.

• Jurisdiction Of High Court
• Trustee Appointment
• Suretyship Liability
• National Credit Act Applicability
• Domicilium Citandi
• Costs On Attorney And Own Client Scale

District Grand Lodge of South Africa (Western Division) v Master of the High Court, Cape Town and Others (19006/2015)

District Grand Lodge of South Africa (Western Division) v Master of the High Court, Cape Town and Others (19006/2015) [2016] ZAWCHC 15 (1 March 2016)

Court

Western Cape High Court, Cape Town

Case number

19006/2015

Judge

Binns-Ward

The High Court interpreted a will clause to allow the applicant’s board to keep nominating trustees to a charitable trust, and granted declaratory relief.

• Trust Interpretation
• Testamentary Intent
• Trustee Appointment
• Will Construction
• Trust-interpretation
• Will-construction

Brad v Registrar of Deeds Pretoria and Others (72706/2012)

Brad v Registrar of Deeds Pretoria and Others (72706/2012) [2013] ZAGPPHC 552 (23 November 2013)

Court

North Gauteng High Court, Pretoria

Case number

72706/2012

Judge

Manamela

The court postponed an unopposed transfer application sine die and required joinder of a trustee in the insolvent estate before any final order.

• Sale In Execution
• Insolvency Act Section 5
• Transfer Of Title
• Sequestration
• Trustee Appointment
• Sale-in-execution