Thetele Joseph Malatji v Maponya Lazarus Ledwaba NO and Others

The Mamphoku Makgoba Community Trust was established to hold and manage land restored under the Restitution of Land Rights Act for community beneficiaries. Following disputes and maladministration allegations, the Master removed the previous trustees and appointed independent trustees. In December 2018, the Supreme Court of Appeal ordered the independent trustees to convene a general meeting of only the 603 listed beneficiaries to elect a new board in accordance with the trust deed. A meeting was held on 12 January 2019 at which proxy voting was allowed for deceased and absent beneficiaries, and each attendee was permitted only one vote irrespective of the number of trustee vacancies. Mr Malatji, a beneficiary and trustee, challenged the validity of the meeting and election, alleging breaches of the trust deed and the prior court order.

The appeal was upheld with costs. The High Court order was set aside. The general meeting and election of 12 January 2019 were declared unlawful and invalid. The elected trustees were interdicted from acting. The letters of authority issued by the Master were reviewed and set aside. Independent trustees were directed to convene a fresh general meeting within 60 days, with strict voting procedures excluding proxy voting.

This judgment clarifies South African trust law by confirming that beneficiaries have no common-law right to vote by proxy unless expressly provided for in the trust deed. It affirms the principles governing interpretation of trust deeds and court orders, reinforces procedural fairness in community trust governance, and provides guidance for land restitution trusts where beneficiary representation is contested.