Xulu and Others v The Master of the High Court, Pietermaritzburg and Others

The applicants claimed to be the duly elected trustees of the Nkunzana Communal Property Trust, established to hold land acquired by the State in settlement of a restitution claim under the Restitution of Land Rights Act 22 of 1994. In 2019 they requested the Master of the High Court, Pietermaritzburg, to issue letters of authority in their favour. The Master did not do so and instead appointed the second respondent as an ‘independent’ trustee. The applicants alleged that the Master acted unlawfully and without affording them a fair hearing, influenced by correspondence from the Premier of KwaZulu-Natal. They sought, in Part B of the proceedings, to review and set aside the Master’s decision. The respondents challenged the Land Court’s jurisdiction to hear the review, particularly in light of the coming into force of the Land Court Act 6 of 2023.

The Land Court declined to exercise jurisdiction. Leave was granted to any party to apply for an order transmitting the proceedings to the High Court of KwaZulu-Natal, Pietermaritzburg, in terms of section 34 of the Land Court Act. No order as to costs was made.

The case clarifies the limits of the Land Court’s jurisdiction under the new Land Court Act 6 of 2023, particularly regarding trust law disputes arising from restitution matters. It underscores that, despite the land reform context, the High Court retains primary jurisdiction over trust disputes, and that the Land Court will exercise incidental jurisdiction cautiously and only where the interests of justice clearly warrant it.