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…

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

Ellison v Breytenbach N.O and Another (A278/2022)

Ellison v Breytenbach N.O and Another (A278/2022) [2025] ZAGPPHC 565 (5 June 2025)

Court

North Gauteng High Court, Pretoria

Case number

A278/2022

Judges

Van der Westhuizen, N Davis, N G M Mazibuku

The court held that the Kollapen order did not constitute a new South African sequestration order but rather recognised the UK bankruptcy and empowered the first respondent to administer the appellant's South African assets. The appellant remained an undischarged bankrupt in the UK, and the findings of Kollapen J were res iudicata before Collis J. The court a quo had no jurisdiction to reinterpret or vary the Kollapen order, and the appellant's contentions regarding rehabilitation and the effect of time were without merit. The appeal was dismissed as there was no basis to overturn the evictio…

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• Recognition Of Foreign Insolvency Orders
• Eviction
• Res Judicata
• Trustee Powers
• Rehabilitation Of Bankrupts

Magotsi v Magotsi N.O and Others (2604/2024)

Magotsi v Magotsi N.O and Others (2604/2024) [2025] ZAECQBHC 6 (4 March 2025)

Court

Eastern Cape High Court, Gqeberha

Case number

2604/2024

Judge

Ronaasen

The High Court dismissed a Rule 7(1) challenge to a trustee’s authority, finding a valid trust resolution authorising opposition and attorneys, with punitive costs.

• Authority To Act
• Trustee Powers
• Rule 7 Challenge
• Resolution Of Trustees
• Rule-7-challenge
• Trustee-powers

Body Corporate of San Sydney v Singh and Others (D10058/2018)

Body Corporate of San Sydney v Singh and Others (D10058/2018) [2023] ZAKZDHC 39 (23 June 2023)

Court

Kwazulu-Natal High Court, Durban

Case number

D10058/2018

Judge

Gabriel AJ

The court found that the applicant's agreement with HF Property was not a mere cession of the right to extend the scheme, but also involved the sale of buildings constructed on common property. Such a transaction required a prior unanimous resolution of owners under section 5(1)(a) of the STSMA and section 17 of the STA, not merely written consent after the fact. The trustees acted outside their powers by concluding the agreement without first presenting options to owners, calling a meeting, and obtaining proper authorisation. The respondent had good cause in law to withhold consent, as the s…

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• Sectional Titles Act
• Sectional Titles Schemes Management Act
• Alienation Of Common Property
• Unanimous Resolution
• Real Right Of Extension
• Trustee Powers

Sekgala v FirstRand Bank Limited t/a First National Bank and Others (2023/014203)

Sekgala v FirstRand Bank Limited t/a First National Bank and Others (2023/014203) [2023] ZAGPJHC 618 (2 June 2023)

Court

South Gauteng High Court, Johannesburg

Case number

2023/014203

Judge

Windell

Leave to appeal was refused in an urgent spoliation matter concerning the freezing of an insolvent debtor’s bank account by trustees.

• Spoliation Order
• Insolvency Act Sections 20 And 23
• Trustee Powers
• Appointment Of Trustees
• Spoliation-order
• Insolvency-act

Sekgala v Firstrand Bank Limited T/A Firstnational Bank and Others (2023-014203)

Sekgala v Firstrand Bank Limited T/A Firstnational Bank and Others (2023-014203) [2023] ZAGPJHC 203 (7 March 2023)

Court

South Gauteng High Court, Johannesburg

Case number

2023-014203

Judge

Windell

The High Court dismissed an urgent application to unfreeze an insolvent applicant’s bank account, holding the trustees were entitled to take control without prior notice.

• Insolvency Act Application
• Trustee Powers
• Bank Account Freezing
• Urgent Interdict
• Sequestration Effects
• Insolvency

Joubert N.O v Soleil Kommadagga (Pty) Ltd and Others (1817/2020)

Joubert N.O v Soleil Kommadagga (Pty) Ltd and Others (1817/2020) [2023] ZAECMKHC 11 (26 January 2023)

Court

Eastern Cape High Court, Makhanda

Case number

1817/2020

Judge

Rugunanan

The application was dismissed on multiple grounds. Firstly, the application was a nullity as it was not brought by both duly appointed trustees of the Trust, violating the requirement that joint trustees act together. Secondly, the relief sought by the applicants was not competent in law. The court found that the transfer of the properties to Soleil Kommadagga (Pty) Ltd was not a simulated transaction; the parties intended to transfer ownership, and the applicants could not rely on their own alleged fraudulent conduct to obtain relief. The court held that section 31 of the Insolvency Act did…

Source excerpt

• Ownership Of Immovable Property
• Piercing Corporate Veil
• Collusive Disposition
• Bond Cancellation
• Trustee Powers
• Simulated Transaction

Ntlekeni v Uberrima Phoenix (PTY) Ltd t/a Uberrima Phoenix Trust Management and Another (40778/2021)

Ntlekeni v Uberrima Phoenix (PTY) Ltd t/a Uberrima Phoenix Trust Management and Another (40778/2021) [2022] ZAGPJHC 709 (19 September 2022)

Court

South Gauteng High Court, Johannesburg

Case number

40778/2021

Judge

Todd

The High Court dismissed an application by a trust beneficiary to terminate her trust and receive the capital, finding insufficient evidence of changed circumstances.

• Trust Termination
• Trustee Powers
• Beneficiary Rights
• Trust-termination
• Trustee-powers
• Beneficiary-rights

Kosmos Ridge Homeowners Association v Nyabonda and Others (009404/2022)

Kosmos Ridge Homeowners Association v Nyabonda and Others (009404/2022) [2022] ZAGPPHC 592 (17 August 2022)

Court

North Gauteng High Court, Pretoria

Case number

009404/2022

Judge

E.M Kubushi

The High Court dismissed an urgent bid to stop payment of sale proceeds from a company-owned property, finding no legal basis to apply them to the first respondent’s debt.

• Interdict
• Company Authorisation
• Trustee Powers
• Sale Of Property
• Urgent Application
• Urgent-interdict

Shepstone and Wylie Attorneys v Abraham Johannes De Witt N.O and Others (5140/2019)

Shepstone and Wylie Attorneys v Abraham Johannes De Witt N.O and Others (5140/2019) [2021] ZAKZPHC 38 (10 June 2021)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

5140/2019

Judge

Bezuidenhout AJ

The court held that a deed of suretyship signed by two trustees was not duly authorised because the trust deed required unanimity for a matter of substance.

• Trustee Powers
• Suretyship Authorisation
• Resolution Validity
• Fiduciary Duties
• Trustee-powers
• Suretyship-authorisation