Bouwer NO v Master of the Pretoria High Court and another

• Jurisdiction: http://justis.com/jurisdiction/166,South Africa
• Judge: Holland-Muter J
• Judgment Date: 12 September 2023
• Citation: 2023 JDR 3533 (GP)
• Hearing Date: 29 June 2023
• Docket Number: 053543/2023
• Court: Gauteng Division, Pretoria

Holland-Muter J:

2023 JDR 3533 p2

Holland-Muter J

[1]

The matter came before the court as an urgent application for an interdict against the respondents (“the Master”) to prevent the Master from removing the applicant as executor in the estate of late C A Masinga. The matter was enrolled on 13 June 2023 but postponed until 27 June 2023 to enable the Master to deliver its answering affidavit and heads of arguments.

[2]

The salient facts of the matter are that summons was issued against the Road Accident Fund (“RAF”) on behalf of the deceased Collen Africa Masinga, the death of the deceased resulting from injuries sustained in a motor vehicle collision which occurred on 4 October 2018. The deceased was a passenger in the vehicle.

[3]

The applicant was appointed by the Master as executor in the matter on 27 March 2019 to liquidate the estate in the interest of the minor children of the deceased. At the time of the appointment the estate was valued at R 1 416 200-00 (the claim instituted against the Fund), but the matter was later settled in the amount of R 223 514-00. There was a curator ad litem who acted in the litigation.

[4]

The Master has the authority in terms of section 14 of the Administration of Estates Act, 66 of 1965 (“the Act”), to appoint nominated persons as executors by any deceased person in a will which has been accepted by the Master and to issue letters of executorship to such a persons.

[5]

Section 18(1) of the Act deals with the Master’s authority to appoint executors in proceedings where a deceased person failed to nominate any person in his will to be his executor.

[6]

Section 18(3) deals with where the value of an estate does not exceed the amount determined by the Minister by notice in the Gazette, authorising the

2023 JDR 3533 p3

Holland-Muter J

Master to dispense with the appointment of an executor and give directions as to the manner in which such estate shall be liquidated and distributed. The Minister determined the amount referred to in section 18(3) of the Act in Gazette No 38238 dated 24 November 2014 in the amount of R 250 000-00.

[5]

Counsel for the parties addressed the court on the issue, which became moot after a taxed party and party costs amount of R 178 979-00 was received from the RAF during late 2022 after the final liquidation and distribution account was submitted to the Master by the applicant. This increased the value of the deceased estate to R 402 493-96. The adjusted amount was now higher than R 250 000-00, the threshold amount set out in section 18(3) of the

[7]

The dispute was that the applicant refused to adhere to the request of the Master to return his letter of executorship to be replaced and furnished with a letter authority. This dispute was later...