De la Rey, Pieter Jacobus v PH De la Rey Family Trust and Others

The appellant, Pieter Jacobus De la Rey, is the grandson of the late P H De la Rey. In terms of the grandfather’s will, a family trust was created for the benefit of his three children in equal shares. After the death of the appellant’s father, the appellant and his sister became substituting beneficiaries. Subsequent resolutions by the trustees created further trusts. The appellant alleged that the trustees’ conduct in administering and distributing the trust assets resulted in him being treated differently from other family members and deprived him of benefits to which he believed he was entitled. He instituted proceedings in the Equality Court, alleging unfair discrimination under the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 (PEPUDA).

The appeal was dismissed with costs, including the costs of two counsel where employed.

The case clarifies the limits of the Equality Court’s jurisdiction and reinforces that PEPUDA is not a catch-all remedy for ordinary civil disputes. It underscores the requirement that discrimination must be linked to a prohibited ground and that trust or inheritance disputes ordinarily fall outside the Equality Court’s remit.