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    Mayibuye Case

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
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    31 views11 pages

    Mayibuye Case

    Uploaded by

    DM Photos
    Mayibuye Case

    Copyright:

    © All Rights Reserved
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    IN THE HIGH COURT OF SOUTH AFRICA, KWAZULU-NATAL DIVISION, PIETERMARITZBURG SE Ni iP In the matter between: WELCOME ZISEBENZELE MAPHANGA N.O- 1 Applicant AUBREY THANDA MNGWENGWE N.O- 24 Applicant DOMINICA ZAMOKWAKHE MKHIZE N.O- 34 Applicant KHUPHUKA MCHUNU N.O- 4» Applicant ‘SEBENZILE PRINCESS NDOKWENI N.O- 5!» Applicant BUSISIWE ESLINA PHETHA N.O 6 Applicant MAYIBUYECOMMUNITY TRUST 7 Applicant ae REGISTRAR OF THE RIGH COURT BiRrER ANTES ERT and @ m-7-03 02 THE MASTER OF THE HIGHAGOQURE 0: UT Ae st Respondent FOR THE PROVINCE OF ARIES eto LAND CLAIMS COMMISSION FOR THE 2nd Respondent PROVINCE OF KWAZULU NATAL MASTER'S REPORT Page 2 1 am the Deputy Master of the Kwa-Zulu Natal High Court Pietermaritzburg who is cited here as the First respondent 1 am duly authorized to lodge this report with this Honorable Court. ‘The first respondent lodges a detailed report to assist the court and will abide by the court’s decision I have read the Preliminary Supplementary Affidavit of the applicants, deposed to by Mr Welcome Z Maphanga, the first applicant. I may mention from the onset that the assertion in paragraph 6 of the Supplementary Affidavit that the first respondent (the Master) ‘was represented in the initial hearing is inaccurate and further that there was an agreement reached that first respondent will appoint an investigator is misleading the court. 3 The true and correct chain of events is that the first respondent was called in to Judges’ Chambers by the second respondent's advocate Page 3 at the direction of a Judge to explain why as the first respondent there was no one appearing on behalf of First respondent. As for the claim that there was an agreement to appoint an investigator in terms of Section 16 (2) of the TPCA 57/1988, that is also inaccurate. The Master appointed the investigator as a result ‘of submissions made by applicants as pet “MY8” of the supplementary affidavit attachment. ‘As confirmation to that fact I attach herewith first respondent letter to applicants attomey Marked MOHC-1 advising him of Master’s intention to institute an investigation. BACKGROUND A brief background is such that, in recent years, the office of the Master has been inundated with a series of challenges in respect of Community Trusts, which were established with the intention to receive and manage property restored to communities in terms of the Restitution of Land Rights Act 22 of 1994. Page 4 Often restored property is farms with different types of farming enterprises. These properties are often mismanaged by Trustees which creates uproar or disputes amongst Trustees and/or beneficiaries. All such disputes are brought before the Master to resolve. The volume and nature of these disputes continues to swell uncontrollable, they differ from one community to another. Most of the time when Trustees fight each other, it is often motivated by greed, lack of knowledge or deep misunderstanding of fiduciary duties, jostling for personal advantages that come with being a Trustee. Most of the time when it is Trustees versus beneficiaries, there is mismanagement of Trust funds and failure to account properly. This is to mention just a few, the list is not exhaustive. Of course the issues may sometimes be petty, vexatious, vague and/or serious. However, as a collective, they certainly clog the effective administration of Trusts, at the Master’s office. “sored quwaajas £q poysoqioo £pureujwopoid sonssi Jo joadsar ut peat) uoUNLOD & parTUApT sey Jose ay) Jo a01]Jo OUI, “sis, Aun fq pasoduy soBua],eyo ano szruNuUT YIM yoeoxdde sip req pryadoy Aros ouw ony “SISHAT, WIAA SuPYLOm UL oouariodxe queAd|Os JO punoxByoeq JelouLUZ YIM [dood ‘sjuBUNCDoy porumy ‘sioupny ‘skourony sastiduioo yf “poystiqeysa uooq sey SIS] Jo UONENSTUTUPE ax UE asTAdxe JWeAD|OI UIA s[eNpIAIpUL Jo youed v 4sed quosor v Uy -WoISKs oINUS OW Bofo Jou pue uonuone jeroads aatsoar Koyp amnsua snp ‘sisnay, AUMUMIOD qT Aqjeotsioads ‘Jap S[aanoayja o1 uonsas awvavdas & payst|quiso sey J9ISvIA| OM} JO dOKIJo oyp ‘OBU|FeYO stUp 0} osuodsou UI

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