Chief Masters Directive 2 of 2009 1.
The purpose of the directive is to ensure a uniform approach by Masters in respect of the matters listed below.
A number of role players have approached my Office for clarity on certain matters. As part of my statutory obligations I have decided to provide the following guidelines to ensure a uniform approach by Masters to the matters raised.
All previous Master's Directives on points addressed by this Chief Master's Directive are revoked.
The question has been raised with regards to what information/copies on Trusts may be provided to applicants, without the consent of the Trustees / beneficiaries.
It was indicated that some offices provide any information requested, whilst others first request the permission of the Trustees / Beneficiaries.
Section 18 of the Trust Property Control Act 57 of 1988 provides: Subject to the provisions of Section 5(2) of the Administration of Estates Act, 1965(Act 66 of 1965), regarding the documents in connection with the estate of a deceased person, the Master shall upon written request and payment of the prescribed fee furnish a certified copy of any document under his control relating to trust property to a trustee, his surety or his representative or any other person who in the opinion of the Master has sufficient interest in such document.
all applications must be in writing and provide reasons as to why the information is needed.
A "trustee, his surety or his representative" has automatic access to any information/documents in the file.
On the application of any other person, the Master must exercise his discretion, weighing up the interest of the parties involved, in deciding whether or not the information may be provided. This must include consulting with the trustees, founder etc of the Trust (section 3(2) of PAJA).
Should the Master refuse to provide the information requested, he must hand back the application to the applicant and refer him to the Information Officer of DoJ & CD.
This Directive will come into effect as from date of signature thereof.