De Wet and Another v Khammissa and Others

Duro Pressing (Pty) Ltd was placed in liquidation. After the death of one of its joint liquidators, CF De Wet, the Master of the High Court convened a creditors’ meeting to nominate a replacement. The appellants were nominated. On 31 August 2017, the Master decided not to appoint the appellants as additional joint liquidators and issued a certificate reflecting only the existing respondents as liquidators, informing the appellants of their right to seek reasons under s 371 of the Companies Act 61 of 1973. Without a statutory review or appeal being pursued, the Master later reconsidered the matter and on 25 October 2017 issued a second decision appointing the appellants as co-liquidators. The respondents challenged the second decision in the Gauteng High Court, contending that the Master had become functus officio after the first decision and lacked the power to make the second decision.

The appeal was dismissed with costs, including the costs of two counsel. The High Court order reviewing and setting aside the Master’s second decision remained in force.

The case affirms the application of the doctrine of functus officio to decisions of the Master of the High Court and clarifies that, absent statutory authority, the Master cannot reconsider or reverse a final decision once it has been communicated. It underscores that challenges to such conduct are rooted in administrative law rather than insolvency or company law, and that affected parties may rely on common-law administrative review principles without necessarily invoking statutory remedies.