South Africa Case Law

Kuttel v Master of the High Court and Others (819/2021)

Kuttel v Master of the High Court and Others (819/2021) [2022] ZASCA 156; [2023] 1 All SA 17 (SCA); 2023 (3) SA 498 (SCA) (16 November 2022)

Court

Supreme Court of Appeal

Case number

819/2021

Judges

Van der Merwe, Molemela, Plasket, Musi, Kgoele

The Supreme Court of Appeal dismissed leave to appeal over a trust’s sale of shares in Southern Ropes, finding no need for court sanction and no unfair treatment.

• Trustees Fiduciary Duties
• Sale Of Trust Assets
• Unequal Treatment Of Beneficiaries
• Judicial Confirmation Of Transactions
• Company Shareholding
• Trust Deed Discretion

Smith and Others v Stellenbosch Municipality and Others (18381/2022)

Smith and Others v Stellenbosch Municipality and Others (18381/2022) [2022] ZAWCHC 134 (11 July 2022)

Court

Western Cape High Court, Cape Town

Case number

18381/2022

Judge

Binns-Ward

The court held that the Stellenbosch Municipality's decision to accept the donation of land from the Trust was an exercise of executive power, not administrative action, and therefore not subject to review under PAJA. There was no statutory or constitutional requirement for public consultation prior to accepting the donation, and the council meeting was properly held in committee. The Trust's resolution to donate the land was invalid as it was adopted without proper notice to all trustees, lacked quorum, and was not authorised by the Master as required by the Trust Property Control Act and th…

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• Promotion Of Administrative Justice Act
• Municipal Powers And Duties
• Donation Of Land
• Counter Spoliation
• Unlawful Eviction
• Trustees Fiduciary Duties

Trustees for the Time Being of the Roy Seawright Trust v Seawright (A108/2016)

Trustees for the Time Being of the Roy Seawright Trust v Seawright (A108/2016) [2016] ZAWCHC 98 (15 August 2016)

Court

Western Cape High Court, Cape Town

Case number

A108/2016

Judges

Savage, Goliath, Canca

The appeal succeeded because the court found that the trustees' conduct, while lacking in factual basis and relying on outdated evidence, did not meet the threshold of improper conduct or a high degree of unreasonableness required for a costs order de bonis propriis. The two instances of alleged impropriety—the creation of a façade regarding Mr Harris's involvement and the failure to substantively address misconduct allegations—were insufficient to justify personal liability for costs. The application was withdrawn, and the replying affidavit was filed after withdrawal. No finding of bad fait…

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• Trustees Fiduciary Duties
• Costs De Bonis Propriis
• Curatorship Applications
• Punitive Costs
• Withdrawal Of Application

Zazeraj NO v Jordaan and Others (22526/11)

Zazeraj NO v Jordaan and Others (22526/11) [2012] ZAWCHC 120 (22 March 2012)

Court

Western Cape High Court, Cape Town

Case number

22526/11

Judge

Meer

The court found that the amendments to the Johannes Jordaan Trust and Groothoek Trust were invalid as they were made without the consent of beneficiaries with vested rights, contrary to both the trust deeds and established law. The first respondent, as trustee, breached his fiduciary duties by treating trust assets as his own, failing to account, and dissipating assets for personal gain. The defence of res judicata was rejected, as the issues and parties in the present application differed materially from those in the prior divorce proceedings. The applicant was entitled to final relief, incl…

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• Trustees Fiduciary Duties
• Removal Of Trustee
• Invalid Amendment Of Trust Deed
• Beneficiary Rights
• Res Judicata
• Accounting And Reporting Obligations