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South Africa Case Law

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Civil Procedure [2025] ZAGPJHC 686

Seima N.O and Others v Master of High Court Johannesburg and Others (2022/045994)

Seima N.O and Others v Master of High Court Johannesburg and Others (2022/045994) [2025] ZAGPJHC 686 (7 July 2025)

The High Court confirmed a rule nisi and ordered Samnakay Attorneys to pay punitive costs for advancing false, defamatory and unsupported allegations against trustees.

  • Punitive Costs
  • De Bonis Propriis
  • Trustee Removal
  • Professional Misconduct
  • Insolvency Act
  • Abuse Of Process
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Civil Procedure [2025] ZANWHC 146

Mokasule v Botha N.O and Others (Reasons) (MG105/2019)

Mokasule v Botha N.O and Others (Reasons) (MG105/2019) [2025] ZANWHC 146 (19 May 2025)

The High Court refused condonation and rescission of a sequestration order, struck out a late replying affidavit, and ordered the applicant to pay costs.

  • Rescission Of Judgment
  • Sequestration
  • Condonation
  • Attorney Negligence
  • Credit Agreements
  • Trustee Removal
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Land And Property [2025] ZAECMKHC 29

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)

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
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Civil Procedure [2025] ZAGPJHC 24

Main and Another v Branco and Others (2022/018293)

Main and Another v Branco and Others (2022/018293) [2025] ZAGPJHC 24 (20 January 2025)

The High Court discharged an interim interdict after the trustee had resigned and the applicants did not pursue final relief. Costs were awarded against the applicants.

  • Interim Interdict
  • Trustee Removal
  • Fiduciary Duties
  • Status Quo Preservation
  • Interim-interdict
  • Trust-law
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Land And Property [2024] ZAGPPHC 1104

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)

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
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Land And Property [2024] ZASCA 130

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)

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…

  • Trustee Removal
  • Trust Property Control Act
  • Interpretation Of Trust Deed
  • Fiduciary Duties
  • Interim Interdict
  • Costs De Bonis Propriis
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Land And Property [2024] ZAGPPHC 635

Harrop-Allin and Another v Harrop-Allin and Others (030447/2022)

Harrop-Allin and Another v Harrop-Allin and Others (030447/2022) [2024] ZAGPPHC 635 (14 June 2024)

The High Court removed a trustee of the Harrop-Allin Investment Trust after finding a conflict of interest, non-disclosure, and deadlock hampered administration.

  • Trustee Removal
  • Conflict Of Interest
  • Fiduciary Duties
  • Trust Property Control Act
  • Administration Of Trusts
  • Trustee-removal
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Civil Procedure [2024] ZAFSHC 106

Nunwana (Mabizela) and Others v Mara Trust and Others (3484/2022)

Nunwana (Mabizela) and Others v Mara Trust and Others (3484/2022) [2024] ZAFSHC 106 (17 April 2024)

The High Court removed a trust-removal application and counter-application from the roll because the Master of the High Court had not been served and must report on the dispute.

  • Trustee Removal
  • Trust Property Control Act
  • Service On Master
  • Beneficiary Rights
  • Trustee-removal
  • Trust-property-control-act
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Land And Property [2024] ZAWCHC 101

De Wit and Others v De Wit and Others (8370/23)

De Wit and Others v De Wit and Others (8370/23) [2024] ZAWCHC 101 (10 April 2024)

The High Court dismissed an application to terminate a family trust or remove trustees, finding the applicants had not met the requirements of the Trust Property Control Act.

  • Trust Termination
  • Trustee Removal
  • Trust Discretion
  • Beneficiary Rights
  • Trust Property Control Act
  • Family Business Dispute
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Civil Procedure [2024] ZAGPPHC 203

Afriforum NPC and Others v Van Der Walt and Others (54318/2021)

Afriforum NPC and Others v Van Der Walt and Others (54318/2021) [2024] ZAGPPHC 203 (12 March 2024)

The High Court dismissed leave to appeal by two co-trustees, holding they lacked locus standi because they were not acting for the Trust and were not beneficiaries.

  • Trustee Removal
  • Locus Standi
  • Declaratory Relief
  • Costs Order
  • Locus-standi
  • Trusts
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.