South Africa Law

Get Your South African Law Questions Answered by Experts

Ask a Lawyer,
Get an Answer ASAP!

South Africa Law
This answer was rated:

Who can be a trustee of a body corporate

Who can be a trustee of a body corporate
Ask Your Own South Africa Law Question
Answered in 1 hour by:
7/2/2010
Mike Otis
Mike Otis, Legal Advisor
Category: South Africa Law
Satisfied Customers: 2,161
Experience: B.Comm; LL.B; LL.M.
Verified
Dear Sir / Madam,

Thank you for your question. Please confirm what type of body corporate are you referring to. Are you referring to a sectional title complex?

Yours faithfully,
Ask Your Own South Africa Law Question
Dear Sir / Madam,

Assuming that your question relates to a body corporate of a sectional title complex, the Sectional Titles Act (Act 95 0f 1986) itself provides no list of qualifications or capacities that a trustee of a body corporate must possess in order to be a trustee. Section 39 of the Sectional Title Act simply refers to the trustees being appointed in terms of the rules of the complex.

In other words, the management rules of the sectional title complex in question will determine which persons are eligible to be elected as trustees of its body corporate. In practice, the management rules places the same or similar restrictions on eligibility for election of a trustee, as would be the case of a director of a company. The most common restrictions are that at trustee:
1. must be a natural person;
2. may not be an unemancipated minor;
3. may not be an unrehabilitated insolvent;
4. may not be a person who has been convicted within the previous 5 years of fraud or any other offense involving dishonesty;
5. may not be a person who has previously been removed from a similar office due to misconduct.

Usually, trustees are elected from amongst the owners of units in a complex, but ownership is not necessarily a requirement.

I would therefore advise you to obtain a copy of the management rules from the present trustees or managing agent of the complex in order to establish what the exact requirements are for your particular body corporate.

More details on the restrictions on directors of companies can be found in sections 218-220 of the present Companies Act (Act 61 of 1973) (http://www.acts.co.za/company/index.htm) or in section 69 of the new Companies Act (71 of 2008) (http://www.acts.co.za/companies_act_2008/index.htm).

I trust you find the above in order.

Yours faithfully,
Mike Otis
Mike Otis, Legal Advisor
Category: South Africa Law
Satisfied Customers: 2,161
Experience: B.Comm; LL.B; LL.M.
Verified
Mike Otis and 87 other South Africa Law Specialists are ready to help you
Ask your own question now
Ask Mike Otis Your Own Question
Mike Otis
Mike Otis
Mike Otis, Legal Advisor
Category: South Africa Law
Satisfied Customers: 2,161
2,161 Satisfied Customers
Experience: B.Comm; LL.B; LL.M.

Mike Otis is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

PHINEAS MOTAUNG

PHINEAS MOTAUNG

Attorney

113 satisfied customers

BACHELOR OF LAWS

Emil

Emil

Attorney

33 satisfied customers

BCom Law LLB, 3 years post article experience as attorney

LCP

LCP

Attorney

21 satisfied customers

BCom (Stell) LLB LLM

Freddie Lombard

Freddie Lombard

Attorney

2,704 satisfied customers

Practicing attorney and conveyancer with 16 years post article experience.

Shaie Zindel

Shaie Zindel

Attorney

1,248 satisfied customers

All areas of commercial and contract Law - specialist in property advice.

inciteadvisor

inciteadvisor

Commercial Lawyer

814 satisfied customers

B.Com LLB Registered Corporate lawywer

Christiaan K

Christiaan K

160 satisfied customers

Attorney & Director at Lombard Kotze Incorporated

< Previous | Next >

Related South Africa Law Questions
I started a small business with a friend we were both Md's.
Hi I started a small business with a friend we were both Md's. Didn't do well we closed and I have since opened alone as MD. I asked her to join me as a partner but have not yet added her. She's earni… read more
CaseLaw
CaseLaw
Attorney
Bachelor's Degree
785 satisfied customers
This is a bit embarrassing but I need to have few questions
Hi there This is a bit embarrassing but I need to have few questions answered nonetheless. I made contact with a sex worker offering her services online. The discussion then moved to whatsapp and she … read more
CaseLaw
CaseLaw
Attorney
Bachelor's Degree
785 satisfied customers
My employee does not follow instructions and I need to warn
My employee does not follow instructions and I need to warn him. What is it called when instructions aren't followed? Non Compliance ? Non Performance ? Does the warning need to specify that he will b… read more
CaseLaw
CaseLaw
Attorney
Bachelor's Degree
785 satisfied customers
My Spouse is threatening me with previous sms's and video
My Spouse is threatening me with previous sms's and video footage of my drunken and drugged up behaviour. can it be used against me?… read more
Mike Otis
Mike Otis
Legal Advisor
2,161 satisfied customers
I have a property which was occupied by tenants during 2010.
I have a property which was occupied by tenants during 2010. At the end of December 2010 they moved to another rental propery closer to their childrens' school. The outgoing inspection was performed o… read more
JW Fourie
JW Fourie
Attorney
Bachelor\u0027s Degree
6,698 satisfied customers
I would like to terminate my domestic worker's employment.
I would like to terminate my domestic worker's employment. She will be 71 in January and her ability to work has diminished over an period of time (I have had to employ another worker to compensate). … read more
CaseLaw
CaseLaw
Attorney
Bachelor's Degree
785 satisfied customers
JJ My son 22, was stopped today for exceeding the speed
Hi JJMy son 22, was stopped today for exceeding the speed limit. 130 km/h in an 80km/h zone. He, and about 9 other motorists were pulled off.taken to a police station the transferred to Brixton where … read more
CaseLaw
CaseLaw
Attorney
Bachelor's Degree
785 satisfied customers
My domestic worker goes on "retirement" (her own decision)
Hi, my domestic worker goes on "retirement" (her own decision) this month. She worked for 11 years for me, her and her husband stayed in, What am I legally obliged to pay her. I hear and read that I a… read more
Christiaan K
Christiaan K
LLB
160 satisfied customers
I am currently the legal compliance officer of a company,
Good morning... I am currently the legal compliance officer of a company, 727 Salvage and Recycling CC, of which the owner, Mr Marius Nell, is desirous to purchase a certain piece of land that has bee… read more
CaseLaw
CaseLaw
Attorney
Bachelor's Degree
785 satisfied customers
My husband was recently arrested for intimidation. The plain
Good day, my husband was recently arrested for intimidation. The plain clothes officers came to my home at 07h30 on a Sunday morning, informing him that a case of intimidation was opened up against hi… read more
CaseLaw
CaseLaw
Attorney
Bachelor's Degree
785 satisfied customers
I am married and my wife is struggling with forgiveness, we
I am married and my wife is struggling with forgiveness, we went for counselling and still she dont forgive, holds offences and its draining. Im emotionally tired of talking about it. And i cant live … read more
Christiaan K
Christiaan K
LLB
160 satisfied customers
I'm the biological father of an 18 year old boy who has
Good day, I'm the biological father of an 18 year old boy who has recently matriculated. I've been paying the court appointed maintenance as well as other costs not mentioned in the courts order out o… read more
Christiaan K
Christiaan K
LLB
160 satisfied customers
My neighbour has informed me that they will be installing
Hello, my neighbour has informed me that they will be installing 'wooden read screens' across the wall between our properties. Our properties are on a sloap, The wall is on my property which is much l… read more
Freddie Lombard
Freddie Lombard
Attorney
Bachelor's Degree
2,704 satisfied customers
Just broke up with my ex boyfriend and he is now demanding a
Just broke up with my ex boyfriend and he is now demanding a couch and bed which he bought to me as gifts can he forcefully take them away?… read more
CaseLaw
CaseLaw
Attorney
Bachelor's Degree
785 satisfied customers
I would like. I am from south africa, eastern cape. I
Good afternoon. I am from south africa, eastern cape. I recently instituted a civil claim against the minister of police for malacious prosecution. And the time frame set for their response has elapsed for close to 2months now. I would like to knw wat can i do now? … read more
CaseLaw
CaseLaw
Attorney
Bachelor's Degree
785 satisfied customers
My son Jonathan worked on a tempory basis for +- 2 months
My son Jonathan worked on a tempory basis for +- 2 months and was paid on an hourly basis and was required to work 8 hours a day. Jonahan was given notice of termination with a notice period from 28th… read more
Mike Otis
Mike Otis
Legal Advisor
2,161 satisfied customers
I am working on a mine. There is an eminent strike. The mine
HiI am working on a mine. There is an eminent strike. The mine now has decided without consultation that I will need to work night shift. I am a single parent with no one to look after my child during… read more
Freddie Lombard
Freddie Lombard
Attorney
Bachelor's Degree
2,704 satisfied customers
I've just received a letter for possible retrenchment...
I've just received a letter for possible retrenchment... with employment termination being 31 December. … read more
Freddie Lombard
Freddie Lombard
Attorney
Bachelor's Degree
2,704 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x