THE TRUSTEES ARE NOT DOING THEIR JOB
Haitas v Froneman and Others (1158/2019) [2021] ZASCA 1 (6 February 2021)
Our courts are often called upon to adjudicate in matters relating to a trust’s management. The present judgment is another, dealing with a request by the sole beneficiary for removal of trustees because they are not ’doing their job’. But doing the job requires of trustees to follow the instructions in the trust deed and not their own judgment or that of the beneficiaries. In practice this can become very difficult. The judgment illustrates what is expected of trustees.
The Judgment
Summary of the Judgment
DESPERATE TIMES, DESPERATE MEASURES FAIL
Motsima and Another v Kopa and Others (2122/2019) [2021] ZAFSHC 21 (8 February 2021)
A cash-strapped homeowner, fearing the bank will repossess his property, searched on Google for assistance. He found the assistance by way of the offer of a sale of his property and then a re-purchase thereof, within a certain period. But the plans went awry and, after losing his home, the erstwhile owner cried foul. The court highlighted the requirements for a valid transfer of ownership, and applied these to the facts of the matter to ascertain whether the transfer to the new owners could be declared void.
