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Barend B.
Barend B., Legal Consultant
Category: South Africa Law
Satisfied Customers: 1346
Experience:  BLC LLB (Pret) LLM (Augsburg)
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Can i challenge a court order that was issued in 1999. I was

Customer Question

can i challenge a court order that was issued in 1999. I was not part of the court proceedings. The person asked the court to remove a trustee that had been appointed by the Master of the High Court through the Trust Property Control Act 57 of 88 section 7(1) and claimed to be the rightful person be appointed as a trustee but misled the court on grounds. The trustee that was in office ran out of funds during the trial and settled out of court. The court granted the other person an order to be appointed as a trustee of the trust. He was not challenged until he passed away but before he passed away he nominated someone else to be succeed him as a trustee. Can we challenge the validity of the appointment of the current trustee? or what are our options if we want to prevent the person from taking over as a trustee?
Submitted: 6 months ago.
Category: South Africa Law
Expert:  CaseLaw replied 6 months ago.

Hi there and thank you for your question,

I will try to assist you with your legal question but please feel free to ask as many follow up questions as you like until you are 100% satisfied.

Please can you re-explain the question using names like "Trustee A" and "Trustee B", or "Bruce" or "Harry".

It'll make it much easier for me to understand what's going on.

If you could also let me have a little information on the trust (e.g. family trust, or something else) it might assist me in understanding whether you can challenge the court order or not.

CaseLaw

Customer: replied 6 months ago.
Trustee(B) asked the court to remove trustee(A) that had been appointed by the Master of the High Court through the Trust Property Control Act 57 of 88 section 7(1) and claimed to be the rightful person be appointed as a trustee but misled the court on grounds. Trustee(A) ran out of funds during the trial and settled out of court. In*****granted Trustee(B) an order to be appointed as a trustee of the trust. Trustee B was not challenged until he passed away but before he passed away he nominated someone else to be succeed him as Trustee(C). Can we challenge the validity of the appointment of the current trustee(C)? or what are our options if we want to prevent Trustee(C) from taking over as a trustee and evicting us from the property owned by the trust?
Customer: replied 6 months ago.
The trust is a church trust. The position of the trustee had been left vacant because of a leadership dispute until 1995 when the Master of the High Court appointed trustee (A) using Trust Property Control Act. According to the Trust Deed only the head of the church can be a trust of the trust due to the dispute between two candidates. Trustee (A) remained a trustee of the trust until he was challenged by trustee (B) and removed after a settle reached out of court due to trustee(A) running out of funds. In his application trustee (B) claimed to be the rightful leader of the church and as such the only person who should be appointed a trustee.
Expert:  CaseLaw replied 6 months ago.

You can ALWAYS challenge the appointment of a trustee. There are procedures in terms of the Trust Property Control act which deals with this. You'll basically need to prove to the Master that the trustee (C) is not doing his job correctly. There need to be grounds for trustee (C) to be removed. The Master won't just remove him because you don't like him. To me, you'd need to prove that trustee (C) isn't the head of the church and therefore he can't be the trustee. Does that make sense?

Customer: replied 6 months ago.
After the 1999 court order that directed the Master of the High Court to recognise him as a sole trustee, Trustee B then appointed an Executive and Advisory Committee, (a body which according to the trust deed has powers to facilitate the appointment of the head of the church) the Executive and Advisory committee he appointed in turn appointed him as the head of the church, without consulting with the other church group as had been recommended by the court when the matter was adjourned prior to 1995. He simply appointed the body from the group he belonged to and in turn they appointed him as the official head of the church which gave his group an advantage of the other group of the church.
Expert:  Barend B. replied 6 months ago.

Good morning,

I will attempt to assist you further. Just a few questions: Why was no court action contemplated earlier? It's now been 17 years since Trustee B misled the court. What is your role in this issue? What interest do you have? When did Trustee B pass away?

Regards,

BB