Shepstone and Wylie Attorneys v De Witt N.O. and Others [2025] ZACC 14
The appellants (S&W) appealed against a judgement of the Supreme Court of Appeal (SCA). For our summary of that judgement, including the relevant facts, click here.
In a unanimous decision, the Constitutional Court (Tolmay AJ (Maya CJ, Madlanga ADCJ, Kollapen J, Majiedt J, Mathopo J, Rogers J, Theron J and Tshiqi J concurring)) upheld the appeal with costs. The court held that the minority judgement of the SCA erred in the interpretation of the trust deed and the addendum thereto, while the majority judgement erred in their application of trust law principles to the facts. In particular the ruling that, although a majority vote by trustees present at a properly constituted trustee meeting binds the trustees internally but is not effective in the trust’s affairs involving external parties, is severely criticised in the Constitutional Court’s judgement.
For the media summary of the judgement published by the Constitutional Court, click here.