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CSL2601 Exam pack 2024(Questions and answers )
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CSL2601 EXAMPACK 2024
QUESTIONS AND
ANSWERS
FOR ASSISTANCE CONTACT
EMAIL:gabrielmusyoka940@gmail.com
,EXAM PACK 2024
QUESTIONS AND
ANSWERS
FOR ASSISTANCE CONTACT
EMAIL:gabrielmusyoka940@gmail.com
,SAFLII Note: Certain personal/private details of parties or witnesses have been redacted from this
document in compliance with the law and SAFLII Policy
THE REPUBLIC OF SOUTH AFRICA
IN THE HIGH COURT OF SOUTH AFRICA
(WESTERN CAPE DIVISION, CAPE TOWN)
[REPORTABLE]
Case No:4366/2016
Before the Hon. Ms Justice Slingers
Hearing: 3 June 2020
Judgment Delivered: 24 June 2020
In the matter between:
AJ Applicant
and
JJ First Respondent
J J N.O.
in his capacity as Trustee for the time being of the
Tafika Trust Second Respondent
CHRISTEL SADLER N.O. in her capacity as
Trustee for the time being of the Tafika Trust Third Respondent
THE MASTER OF THE HIGH COURT,
WESTERN CAPE DIVISION Fourth Respondent
L C ABELHEIM LIMITED
(in his capacity as the Mauritian Trustee of the
Tafika Trust, Mauritius) Fifth Respondent
, 2
______________________________________________________________________
JUDGMENT
______________________________________________________________________
SLINGERS J
INTRODUCTION
[1] On 6 December 1980 the applicant and the first respondent were married to each
other, out of community of property and the marriage still subsists. On 14 March
2016 the applicant instituted divorce proceedings wherein she pleaded inter alia
that the assets of The Tafika Trust registered with the Master of the High Court
under IT number 5317/2007 (“the Tafika trust”) and the Tafika Trust Mauritius,
(herein after collectively referred to as “the trusts”) are beneficially owned and
controlled by the first respondent, do not constitute assets owned by the trusts
and form part of the first respondent’s estate. Furthermore, the applicant pleads
that the trusts are the alter ego of the first respondent who abused the trust’s
form by utilising the trusts as vehicles to accumulate personal wealth.
[2] In pleading to the particulars of claim, the first respondent admits that he
financed the acquisition of certain assets of the trusts, caused the growth in value
of certain of the assets of the trusts and assisted in the maintenance and running
costs of certain of the assets of the trusts. The first respondent denies that the
trusts were beneficially owned and controlled by him or that they form part of his
estate. Furthermore, the first respondent denies that he was utilising the trusts
as vehicles to accumulate personal wealth.
[3] It is evident from the pleadings in the divorce action that the disputed issues
include whether or not it would be just and equitable for the first respondent to be
directed, in terms of section 7(3) of the Divorce Act 70 of 1979, as amended
(“the Divorce Act”), to transfer to and in favour of the applicant an amount
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