FREE REIGN IN TRUSTS?
Ferreira and Another v Van der Merwe N.O and Others (2727/2018)  ZAECPEHC 39 (13 June 2019)
“Trustees of a trust are bound by the four corners of the trust deed and have to give effect thereto. If a trust deed does not make provision for something, as a general rule, it cannot be done.” This statement from the judgment gives a clue regarding the dispute addressed here: can a trustee manipulate provisions of the trust deed to suit changed circumstances, such as a serious fall-out with a beneficiary? The Judgment can be viewed here.
CSOS ACTION: DOES AUTHORITY EQUATE TO LEGAL CAPACITY TO ACT?
The Body Corporate of Duroc Centre v Singh (AR99/18)  ZAKZPHC 29 (13 May 2019)
A valuable lesson in this judgment for trustees, managing agents and property managers. In short, it related to the question whether someone who was appointed as a property manager by a company that owns units in a sectional title scheme has the necessary locus standi (legal capacity to act) to lodge an application at the Community Schemes Ombud. The incumbent was authorised to do so by a resolution passed by the company, but the question remained whether this met the requirements of the legislation giving locus standi to owners and those materially affected by a dispute.