SAFLII Note: Certain personal/private details of parties or witnesses have been redacted from this document in compliance with the law and SAFLII Policy

IN THE NORTH GAUTENG HIGH COURT, PRETORIA [REPUBLIC OF SOUTH AFRICA)
 In the matter between:
                                                                                                                     CASE NUMBER: 57977 / 2011

            DATE: 12 FEBRUARY

                                                             NOT REPORTABLE
                                                                                 NOT OF INTEREST TO OTHER JUDGES
                                           REVISED

 JANSEN VAN RENSBURG, ANTON OBO MARNO	PLAINTIFF
                                      And
                                     ROAD ACCIDENT FUND	DEFENDANT

JUDGMENT

Mavundla, J.

(1)	This is a third party claim, brought by the plaintiff in his personal capacity and representative capacity as the father of the minor child, Mamo Janse Van Rensburg born on 3 July 1999 (hereinafter referred to as the minor child, claiming from the defendant, damages suffered by the minor child, arising from the injuries sustained from a motor vehicle collision that occurred on 11 June 2010 at approximately  16h  15  at the R33, Modimolle  Limpopo.

[2]   This is one of the matters which fell into the "cracks", resulting in an unduly delayed reserved judgment, as the result. This Court can do no more than apologise to the parties for the delay occasioned.

[3]    The liability of  the  defendant  arises  from  sl7  of  the  Road  Accident Fund, which obliges the defendant "to compensate any person (third party) for any loss or damages which the third party has suffered as a result of any bodily injury or the death of someone injury to any other person, caused by for damages or loss suffered arising from anybody injury.

[4]    In the particulars of claim, plaintiff alleged  that  the  collision  occurred between a motor vehicle bearing registration unknown to the plaintiff ("unidentified vehicle") driven by a person unknown to the plaintiff  and  a motor vehicle bearing registration number YVW731 GP driven by A van Rensburg in which the minor child was a passenger.

[5 ]    The parties reached an agreement which was made an order of the Court by Ledwaba  DJP, in terms of which it was ordered that:

"l.         The  issues  relating  to  future  medical  expenses  and  merits  are  separated from  all  remaining  issues  of  past  medical, general  damages  and  loss  of earning capacity as quantum in terms of Rule 33(4);

2.	The defendant concedes merits 100% in favour of the plaintiff;

3.1     The defendant is ordered to  provide an  100% undertaking to the  Plaintiff  in terms of Section 17(a) of the Road Accident Fund Act, Act 56 of 1966, for the costs of future accommodation of the Plaintiff  in a  hospital or  nursing home of treatment of or rendering of a services to the Plaintiff / minor child or supplying  of  goods  to  the  Plaintiff  / minor  child  arising out  of  the injuries
sustained by the minor  in the motor vehicle collision which is the causa of
this action, after such costs have been incurred and upon proof thereof.

4. All issues relating to or  of the  remainder  of  the  quantum  (issues  of  past medical expenses, general damages and loss of earning capacity are postponed sine die;

;;	5.		The defendant is ordered to pay the costs for this portion of the third party claim finalized today on a High Court scale:

5.1	such costs to be up and including 25 October 2013;

5.2	further  including  costs  of  senior-junior  counsel  Lourene  Scholtz  on  the same basis as set out in par 5 and 5.1;

5.3	any previously reserved costs, herewith becomes unreserved;

5.4	the plaintiff and minor is declared necessary witnesses;

5.5	the costs of all expert reports served in terms of the court rules in support of this portion of the claim;

6a.		The  Plaintiff shall,  in the  event  that  the  costs  are  not agreed  serve  the Notice of Taxation  on the  Defendant's attorney of record;  and

6b	The  Plaintiff shall  allow  the  Defendant  14   (Fourteen)  court  days  to make payment of the taxed costs."

         [6]       	In the plaintiff's particulars of claim  it was alleged        that: "7. The minor child sustained the following injuries:
7.1	open fracture of the radius;

7.2	Open fracture of the first metacarpal;

7.3	Back contusion;

7.4	head injury

8.	As a consequence of the injuries sustained by the minor:

8.1	The minor had to undergo medical treatment and will in future have to undergo medical treatment, requiring accommodation, medical goods and services as well as assistive devices;

8.2	The minor has suffered a partial destruction of his incoming earning capacity'

9	As a result of his bodily injuries, the plaintiff and the minor have suffered damages of R4 225 336. 15 made up as set out below:

9.1	PLAINTIFF IN RESPECT OF PAST HOSPITAL

                                                      AND MEDICAL EXPENSES	R38 000, 00

The amount represents an estimate insofar as plaintiff has not as yet been placed in Possession of all documentary evidence of such expenses
9.2	THE MINOR IN RESPECT OF ESTIMATED

FUTURE  MEDICAL EXPENSES	UNDERTAKING

The minor will in future have to undergo extensive medical treatment, requiring accommodation medical
goods and services, assistance and assistance devises and caregiving. The extent of the costs of such treatment is not yet known to the plaintiff and the amount represents merely an estimate;

9.3	THE MINOR IN RESEPCT OF ESTIMATED FUTURE LOSS OF EARNING AND INTEREFERENCE WITH
9.1	
EARNING  CAPACITY

9.4	GENERAL DAMAGES Total

R2 986 942. 00 Rl 200 000. 00 R4224942. 00

Plaintiff pleads that his injury is serious in nature and the injuries sustained constitute long term impairment and loss of body function based on the narrative test as is evident from the expert opinions of Dr Kaplan, plaintiff s appointed General Practitioner. As the result, Plaintiff is entitled to non-patrimonial damages. Plaintiff has complied with section 17(1) A and regulation 3(3)(a) and 3{3){b)(i).

10. The plaintiff has complied with the provisions of section 24 of the Act and the Road Accident Fund Regulations of 2008 prior to issue of summons.

Wherefore plaintiff prays for judgment against the defendant in the following terms:
1.	Payment of the sum of R4 225 336, 15;

2.	Interest in the aforesaid amounts calculated at a rate of R15, 5% per annum calculated from {14) fourteen days from date of judgment to date of payment;

3.	Costs of suit;
1.	

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4.	Further and or alternative relief."

[7] During the hearing of the matter, this Court was furnished with an affidavit of  Mr Dune Delport, an attorney from the firm of the plaintiff's attorneys of record in terms of section4(1) of the Contingency Fees Act, stating,inter a/ia, that:
"3.1 The above matter is subject to a Contingency Fee Agreement, which is annexed hereto marked Annexure "A";

3..2	The  full terms  of  the  settlement  appear  from  the  draft  Order  hereto annexed
marked Annexure "B";

3.3	The issue of liability was settled on the basis that Defendant is liable to the Plaintiff for 100% of the Plaintiffs proven or agreed damages;

3.4	Defendant has tendered an amount of R2 653 018. 50 in settlement of the quantum of the plaintiffs claim; It is anticipated that the amount that the Plaintiff may obtain by taking the matter to trial, rather than to settle the matter on the terms and conditions as set out in the draft Order, would be very similar, as the parties are not far apart in regard to the quantum of the claim;"

[8] In casu, counsel the defendant did not file medico legal reports. Counsel for the defendant informed the court that he has carefully  studied the medico legal  reports of the plaintiff and agrees with the conclusions reached therein, as well  as the amount offered by the defendant, which in his view was in the circumstances of this case. He assured the Court that he has extensively researched the authorities relating to damages claim as in casu and was of the view that the offer made by th defendant is fair and reasonable.

[9] At the time this Court decided not to make the draft proffered an order of Court. Save for the medico legal reports of the plaintiff, the defendant's medico legal reports, if ever such existed, were not placed before the Court. It is hard to understand that the defendant would litigate without obtaining legal reports to counter or test the correctness of the conclusions reached by the medico-legal experts of the plaintiff. I am in no way suggesting anything untoward on the part of the plaintiff's medico-legal experts. However, in matters involving huge claims running into several millions, one would expect of the defendant to give proper instructions to its attorneys, including getting their own medico legal experts so as to come to informed decisions as regards advising the defendant properly.

6

(10] The tendency of the defendant, in litigating without obtaining medico legal reports, and merely send its counsel to Court, is like sending a boxer into the ring with one hand tied to the back and tell him to do his best in the ring. In many instances, the defendants' attorneys and or counsel will tell the Court that they do not have instructions and leave the matter to the discretion of the Court. Sometimes the claims handler is not available to give instructions. Such conduct on the part of the defendant must be discouraged. I hope that the senior claims handlers of the defendant would look into this aspect.

(11]  The question  of a compensation  award is a matter of the discretion of the Court.   In the matter of Pitt v Economic Insurance Ca Ltd 1957 (3) SA 284 (D) at 287E-F (cited with approval in De Jongh v Du Pisanie NO 2005 (5) SA 457 (SCA) at page 476C-D ((2004] 2 ALLSA 565 (SCA) at 582b-c) Holmes J held that:

"The court must take care to see that its award is fair to both sides-it must give just compensation to the plaintiff, but it must not pour out largesse from the horn of plenty at the defendant's expense.

(12] In casu, the minor child was 10 years old at the time of the accident. He was admitted at hospital where he was admitted for two days in ICU and spent about 7(seven) days in the general ward. He suffered the following injuries from the records of Muelmed Medi-Clinic: the minor had concussion without open wound and cerebral oedema. He also has on-going headaches. According to the neurosurgeon Dr H J Edeling the injuries sustained were soft tissue injuries of the Neck and Back; various cutaneous injuries; head injuries with moderate traumatic brain injury and psychological trauma. His injuries resulted in a post-traumatic organic brain syndrome; chronic cervical headaches; chronic back pain and physical impairment; episodic vertigo and mood disorder.

(13]     Dr Edeling has further stated in his report that the organic neurological sequelae  of his brain injury have stabilised and become permanent. The post-traumatic headaches and spinal problems have become chronic and are expected to persist long term. The doctor has made his estimated future medical costs that should be provided for the minor child. These are generally covered by the s17 certificate. The doctor has also opined that whereas the neurological status is expected to remain stable, it is possible that his learning impairment and mental disability will become increasingly apparent as he ages. It is unlikely that he will develop the mental capacity   for   full   independent   living  or   full   independent   management   of his

7

personal, financial or legal affairs. A 2% to 5% lifetime risk of late post-traumatic epilepsy is anticipated. According to the educational psychologist the minor will still be able to obtain an NSC or technical equivalent like N3 certificate. Once he is placed in a technical college environment, where he will be able to learn more vocational skills. I bear in mind that according to the Educational Psychologist Karin Trollip the minor when assessed in 2013 his parents were getting divorced. This must also have contributed negatively, in my view, to  his scholastic performance and his behavioural moody tendencies. At the time of assessment he was in grade 8 month 9, a learner who had not failed any of his grades. His father obtained an    N3

.

level of education while  his mother obtained grade  10 level of education

[14]   The  Court  was  presented with  a  draft  order  in terms  of which  an  amount of R2 653 018.65 was to be paid by the defendant to the plaintiff. Where parties reach an agreement, but still bring the matter to Court, surely the Court cannot merely rubber stamp every agreement brought before it. Where it involves moneys to be paid from public coffers, then the parties must persuade the Court why it should make the agreed amount an order of Court. In casu, the Court is not aware as to how the amount has been reached. I do bear in mind the fact that the minor will achieve N3 certificate and progresses with vocational training.

(15]       In the exercise of my discretion, and considering the extent of the injuries suffered by the child, and the fact that he would  achieve  N3 later  in life, I am of the  view that the award set herein below would adequately compensate for the injuries and sequelae thereof, "without pouring out largesse from the horn of plenty at the defendant's expense."

(16] In my view, taking into account contingencies, I would make an allowance of 15% in that regard and adjust the agreed amount with this percentage; this brings the amount to be paid by the defendant to the plaintiff in an amount of R2 255 065.85. The draft order is accordingly amended to reflect that the defendant is ordered, inter alia, to pay the plaintiff an amount of R2 255 065. 85, on or before 25 March 2016.

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[13]	In the  premises,  the  draft  order  as  amended  is marked  X  and  made an  order of
Court.
                          N.M. MAVUNDLA
JUDGE OF THE HIGH COURT

DATE OF HEARING DATE OF JUDGMENT APPLICANTS' ADV INSTRUCTED BY
SECOND RESPONDENTS' ADV INSTRUCTED BY

16 / 03 /2015

12 / 02 /2016

: ADV J. N. DE VOS SC DE BROGLIO INC ADV B.R. MPHELA
A.	P. LEDWABA INC
A.	

•	I

..
I N TH E H IG H COU RT OF SOUTH AFRICA (GAUTE NG   DIVISIO N,   PR ETORIA)

Case No :  57977/2011

PR ETORIA,  ON  THIS  16th  DAY  OF M ARCH 2015
BEFO RE TH E  H ON OURABLE J USTICE  LEB'f.'ABA,  9.J .P.

111\o;"u\q

In the  matter  between:

JA NSEN VA N RE NSB U RG, A NT  N obo M A RNO	Plaintiff

and

ROAD ACCI DE NT FU N D	Defendant

HAVING heard counsel for the p  rties, it is ordered that:

1.	Defendant shall pay Plaintiff in his personal capacity and in his representative capacity as father and natural guardian of his minor

2.1

The  aforesaid  capital  amount

2.
attorneys' trust account, the particulars of which are:

De BroglioInc. Trust Account
Nedbank : Business Northrand Branch Account Number : 1469  186  160
Branch Code : 146 905 Ref : J207

through means of a direct transfer on or  before  28 April 2015.

Page 2

2.2.     Should the  Defendant  not pay  the  aforesaid amount  on or  before the due date for payment thereof, Defendant will be liable  for interest on such amount at the  rate  of  9%  per annum  from the due  date to date of  payment,  both days inclusive.

3.	Defendant  shall  furnish  the  Plaintiff  and/or  the  trustee  referred  to  in paragraph  5  below,  with  an  undertaking  in terms  of  Section  17(4)(a) of  the  Road  Accident   Fund  Act,   56  of  1996  ("the  undertaking"),  to reimburse  the  Plaintiff  and/or  the  trustee  for  the  cost  of  the  future accommodation  of  Marne  in a  hospital  or  nursing  home,  or  treatment of,  or  rendering  of  a  service,  or the supplying  of goods  to  him, arising out  of  the  injuries  he  sustained,in  the  motor  vehicle  accident  that occurred  on  11 June  2010,  after  such  costs  have  been  incurred  and upon  proof  thereof.  In  addition,  the  undertaking  shall  include  the costs of the creation  of the trust  referred to  in paragraph  5 below, the costs of annually  obtaining  a security  bond as required and the cost of the trustee  in respect  of the  administration  of the trust,  limited to the costs  recoverable  by  a  curator  bonis  in accordance  with  the  statutory tariffs  published from time to time.

4.	The Plaintiff's attorneys of record shall retain the aforesaid amount, nett of the attorney's costs and nett of the amount recovered  in respect of Plaintiff's personal claim for past hospital and medical expenses, in an interest-bearing account in terms of Section 78(2)(A) of the Attorneys Act, for the benefit of Marna, pending the creation   of a Trust referred to in paragraph 5 hereunder, and the  issuing of letters of authori ty.
3.	
I.

Page 3

5.	The Plaintiff's attorneys of record shall pay the amount set out in paragraph 4 above, together with any accrued interest, over to the trustee of a trust which is to be created within four months from the
date of this Order, and in respect of which trust,  the  following shall apply:

5.1.	the trust shall be created in accordance with the trust deed which shall contain the provisions set out in Annexure "A" hereto, and which is to be established in accordance with
the provisions of the Trust Property Control Act, No.  57 of 1988,  in favour  of  Marna;

5.2.	the trust shall have as its trustee, Standard Trust Limited, registration number 1880/000010/06, with  those  powers and duties as set out in Annexure "A" hereto;

5.3.	the trustee shall:

5.3.1.	be entitled, in the execution of its duties and fiduciary	responsibilities	towards	the
beneficiary of the trust, to  have  the  attorney and own client costs and disbursements of the Plaintiff's   attorneys   of   record   taxed,   unless
agreed;

5.3.2.	be obliged to render  security  to the satisfaction of the Master of the High Court;
3.1.1.	

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5.3.3.	be entitled to administer  on  behalf  of  Marno, the undertaking referred to in paragraph  3 above and to recover the costs covered by
such undertaking on behalf of Marno for the benefit of the trust;

5.3.4.	at all times administer the trust  to the  benefit of Marna;

5.4.	the trust shall not be capable of being amended without the leave of the Court.

6.	In  the  event  of  the  trust  not  being  created  within  four  months  from the   date   of   this   Order,   Plaintiff   and   his  attorney   are   directed   to approach  this  Court  within  two  months  aer  the  expiry  of  the  first period  of  four  months,  to  obtain  further  directions  with  regard  to  the
manner in which the capital amount should be further administered on behalf of Marno.

7.	Defendant shall pay Plaintiff's taxed  or  agreed  party  and  party costs on the High Court scale, such costs will include, but are not limited to:

7.1.	the costs attendant upon the  obtaining  of  payment  of  the full capital amount referred to in paragraph 1above; and

7.2.	the costs of  all  Plaintiff's  expert  medico-legal  reports,  as well as the reasonable taxable, qualifying  and  reservation fees, if any, of such experts; and
3.1.	

Page 5

7.3.	the costs of the actuarial reports of Mr. van Kramer; and

7.4.	the costs of the experts' joint minutes; and

7.5.	the taxed or agreed costs of senior counsel; and

7.6.	Plaintiff and Marna are declared necessary witnesses.

8.	Plaintiff shall, in the event that costs are not agreed upon, serve the Notice of Taxation on Defendant's attorneys of record.

9.	Plaintiff  shall  allow  Defendant  14  (fourteen)  Court  days  aer taxation to  make payment of such  taxed costs.

10.	This Order must be served by the Plaintiff's attorneys on the Master of the High Court within 30 days from the date of receipt of this Order from the Registrar in typed form.

BY THE COURT

R EGISTRA R

For Plaintiff : For Defendant :

Adv. J .N . De Vos SC

Standard

DE BROGLIO INC

127 Jan Smuts Avenue Parkwood
Johannesburg

Marna Janse van Rensburg - Id: 990703 5308 086 - 04 March 2015

We confirm that Standard Trust Limited will take up the appointment as trustee of the trust to be created for the benefit of Marna Janse van  Ransburg.

Trust

We place on record that as trustees, Standard Trust Limited should be entitled to levy our full tariff of fees for the administration  of the trust

I hereby declare Standard Trust Limited is prepared  to:

•	Create a trust for the benefit of the beneficiary to receive and manage the assets from the RAF alternatively to assist as curator in the matter.
•	Act as trustee to manage and invest the assets according to the guidelines of the court order, for the benefit of the beneficiary.
•	Act as curator, should it be required for the wellbeing and personal affairs of the patient
•	Assist the family where necessary to manage the financial affairs of the beneficiary.

Yours faithfull/
, ,I!
Standard Trust

2n11 Floor Rosebank Corner 191 Jan Smuts Avenue Psrktown Johannesburg 2193
PO Box 1291 Parklands 2121 Soulh Africa www.standardbank.co.za
Tel. +27 (0)11 283-1100 Fax: +27 (0)11 283-1111
Star.de.rd Trust Limited fReg  No. 1680/000010/06) Aulhcrl5tld fir.ancial scrvii:e11 providar
Difedorn: S Lattchand•, AC Amotd. M Nlenabat
company Sacretary. S wae1ze1	23/l'.W2013
•	Execuli\18 Directer

-·,,,,,,c  '"'"'''"''" ,, ,...,,.,...,,,:•

' '

IN THE  HIGH COURT  OF SOUTH AFRICA (GAUTENG  DIVISION, PRETORIA)

"A"

Case No : 57977/2011

In the  matter between:

JANSEN  VAN  RENSBURG, ANTON obo  MARNO	Plaintiff and

ROAD  ACCI DENT  FUND	Defendant

DEED OF TRUST

-MEMORANDUM OF AGREEMENT

ENTERED INTO BY AND  BETWEEN

De  BroglioIncorporated  represented  by  Michael  de  Broglio  (hereinafter  referred to as the "Donor")

And

STANDARD Trust Limited, registration number 1880/000010/06, represented by Jean  Vosloo  (hereinafter  referred to as the "Trustee")

WHEREAS the Donor is obliged in terms of an order of the High Court of South Africa,  Gauteng  Division,   Pretoria,   under   case   number   57977/2011   dated 16 March 2015, to create a Trust for  the  benefit  of  the  Beneficiary  upon  the terms  and conditions  set  out below;

Page 2

AND WHEREAS the Trustee is willing to act as Trustee and to accept the donation and to administer it on behalf of  the  beneficiary  and  to  utilise  it in accordance with  the terms  and  conditions  in this Trust Deed.

NOW  TH ER E FORE TH E  PARTIES  AG R EE AS  FO LLOWS:

1.	D E FI NITIO NS

1.1	In  this  Trust   Deed,  unless  the  contrary  appears  from  the  context,  the following  expressions  shall have the following  meanings;

TRUST	the Trust created in terms of this Trust Deed;

TRUSTEE		the     original     Trustee     and     any     person succeeding  the  original  trustee  appointed  in ter 1s of this Trust  Deed;
CAPITAL  BENEFICIARY	MARNO JANSEN VAN RENSBURG

(Identity number:  990703 5308 08  6)

INCOME  BENEFICIARY	the Capital  Beneficiary;

BENEFICIARY	the Capital-  and/or Income Beneficiary;

Page 3

TRUST ASSETS	the donation  made in terms of clause 4  below

and all assets, property or  monies subsequently acquired in any manner whatsoever and irrespective of the source thereof. The  expression  "trust  assets" includes gross income,  net  income  and capital.

VESTING DATE	means  the  date  on  which  a  Trust  asset   is

being vested in and  paid  out  or  transferred by the trustee to a  Beneficiary  in  terms  of this Trust  Deed.

1.2	Unless the contrary appears from  the  context,  words  importing  the singular shall include the plural and vice versa  and  words  relating  to gender shall include the other gender and bodies corporate and words relating to persons shall include bodies corporate and vice versa .

1.3	The heading of the clauses in this Trust Deed are for convenience and shall not be taken into account in interpreting this Trust Deed.
1.1	

Page 4

2.	PURPOSE OF THE TRUST

The   purpose   of   the   Trust   is   the   creation   of   a   Trust   fund   for the

maintenance  and  benefit  of  the Income  and  Capital  Beneficiary  of  the Trust.

3.	NAME OF TRUST

This Trust shall be known as the MARNO JANSEN VAN RENSBURG TRUST.

4.	DONATION AND  VESTI NG OF RIGHTS IN TRUST ASSETS

The donor hereby donates to the Trustee the sum of  R  100-00  (one hundred rand) which shall vest In the Trustee with immediate effect and is to be held in trust and administered in accordance with the provisions of this Trust  Deed.

5.	ADDITIONS TO THE TRUST ASSETS

5.1	The donor shall be entitled at any time to add to the Trust Assets by making a donation, or in any other manner.

5.2	Any person shall be entitled to contribute to the Trust Assets but  the Trustees shall not be obliged to accept such contributions.
1.1	

Page 5

5.3	All additions to the Trust assets shall be subject to the  provisions  of this Trust Deed.

6.	APPOI NTMENT OF TRUSTEES

6.1	The Trustee named at the commencement of this Trust Deed and who agreed to accept such office, shall be the first Trustee of the Trust.

6.2	The Trustee shall at all  times  be  a  company  institution  or  individual, which is a member of the Association of Trust Companies  of South African or an entity (with members of management, staff, directors and
shareholders) independent of (and  not  related to)  the  beneficiary. It shall be the  sole Trustee.

6.3	If the Trustee wishes to resign, it shall prior to its  resignation  taking effect have nominated and appointed a successor, failing which the Master may appoint a trustee, as contemplated in clause 6.2 above.

7.	POWERS OF TRUSTEE

The Trustee shall, in the exercise of its powers and duties in terms of this Trust   Deed,  have  the  power  to  deal  with  the  Trust  assets  as  it     may
reasonably deem to be in the best interest of the Capital Beneficiary, including  the power:

7.1	To acquire or purchase right to or interests in movable or  immovable property (irrespective of  where  it  is  situated),  stocks,  shares, participation bonds, debentures, policies, syndications, unit trusts,
1.1	

Page 6

mortgage bonds over immovable property,  and  similar  investments  with life assurance  or listed companies;

7.2	To realize or amend any investment forming part of the Trust Assets and reinvest the proceeds;

7.3	To recover in the name of the  beneficiary  or  of  the  trustee,  any  costs from the Road Accident Fund for which the latter is liable  in  terms  of Section 17(4)(a) of the Road Accident Fund Act, Act 56 of 1996 for the account of the trust and for the ultimate benefit of the beneficiary.

7.4	PAYMENTS OF DEBTS

To settle trust obligations from the capital and/or income of the Trust.

ALIENATI ON OF ASSETS

7.4.1	To exchange, sell or lease any Trust Assets.

7.4.2	When exercising the right to sell Trust Assets such sale may be by private treaty, by public auction, by public tender or in any other manner deemed fit provided a market related price is obtained.

7.5	5	IMMOVABLE  PROPERTY

7.5.1	To purchase, exchange or sell immovable  property  in  any  other manner and upon such terms and conditions as may be deemed fit;
1.1.1	
. '	. '

Page ?

7.5.2	To erect buildings and/or other improvements on immovable property;

7.5.3	To maintain and, where necessary, repair buildings or improvements on immovable property of the Trust;

7.5.4	To sign and/or attest any document pertaining to the alienations, sub­ division, exchange, or transfer and, to make applications, consent to any amendments,  cancellations,  exemptions,  reductions,   substitutions   or other actions relating to any deed or documents in connection  with immovable property.

7.6	LEGAL ACTIO NS

To institute or defend any legal action and to sign any power of attorney and other  documents  required for  such purpose.

7.7	BAN K  ACCOU NTS

To open  and operate  bank accounts  in the  name of the trust.

7.8	BUSI N ESS

To conduct  any  business in the name of the trust for    profit.

7.10	LETTING A N D H IRI N G

7.10.1	To let trust assets, movable or  immovable,  upon  such  terms and conditions as  the  trustee  may  deem  fit,  to  collect the renta ls and cancel agreements of leases;
7.10.1	

' '

Page 8

7.10.2	To enter into agreements of lease to hire any assets for use by any of the trust beneficiary, upon such terms and conditions as may be agreed with the lessor.

7.11	INSOLVENCY

To attend any  meetings  of creditors  of  any  person who  may  be a debtor of the trust, irrespective of whether such meeting relates to insolvency, liquidation or judicial management,  to  vote  at  such  meeting  and  in general to exercise all such powers as may be exercised by a creditor.

7.12	PROFESSIONAL SERVICES

To employ the services of a professional advisor or artisan for purposes of the trust and, to  pay the fees  of such   person.

7.13	OFFSHORE  INVESTMENTS

If  any  beneficiary  should  emigrate  from  the  Republic of South Africa,  and if  possible  and  allowed  by  law,  to  transfer  the  beneficiary's  share  of the trust  assets  to  his or  her country  of  adoption,  and to  appoint  an  agent  at the  trustees  discretion  or to  establish  a  new trust  to  administer  on  behalf of  the  beneficiary  such  transferred  assets  in  accordance  with  the  terms and conditions  of this trust deed.

8	DUTY  NOT TO CONTRACT WITH THE  TRUST

The trustee shall not contract with the trust other than for the purpose of performing its function as trustee.

. '	.'

Page 9

9	REMUNERATION OF TRUSTEE

The trustee for the time being, if a company  empowered  to undertake trust business, shall be entitled, in addition to  reimbursement  of  its proper expenses, to remuneration in accordance with the statutory   tariffs
applicable from time to time to the services of a curator bonis in terms of the Administration of Estates Act.

10	APPROPRIATION AND VESTI NG OF THE TRUST ASSETS

10.1	Subject to the provisions of this trust deed and in particular the pro".'isions of this clause, the trustees shall, in the administration of the trust assets, follow such procedures and take such administrative steps as it deems necessary from time to time, subject to the final direction  by the  master of the High Court.

10.2	The trustee shall at least once a year decide on the application and/or appropriation of income and capital profits received by the trust.

10.3	The trustee shall keep an account of all assets of the trust and prepare annual statements and keep records of all transactions in  the  trust  in terms of the general accounting practice in the Republic of South Africa and the provisions of the Trust Property Control Act or other legislation.

10.4	The trustee may administer this trust for the benefit of the Beneficiary in whatever manner it may determine and in that regard shall have the
9.1	
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widest possible powers of managing  and dealing  with the Trust  Assets  in all respects subject thereto that the trustee shall at all times act in the best  interest  of the beneficiaries.

11.	TER M INATIO N OF TRUST A N D DISTRIBUTION OF ASSETS

11.1	The Trust is a discretionary Trust  as  far  as  the application, allocation and appropriation of Trust Assets are concerned, subject thereto that all decisions and actions taken shall be in the best interest of the beneficiaries. No payment or transfer  of  Trust Assets, or part thereof, will be made  to  a  Beneficiary  before the date vesting thereof in a Beneficia'ry.

11.2	The  Trustee  may decide  whether  any  expenses  incurred  in respect of  the  Trust  will  be  paid  from  the  Trust  Capital,  or,  from  the  net Trust Income.

11.3	Payment at any time of any portion of the Trust assets to the Beneficiary may be made in cash or  in goods,  or partially  in cash and partially in goods, in the discretion of the Trustee. The value ascribed by the Trustee to goods  awarded,  shall  be  final and binding on all parties concerned. For the purpose of this clause, "goods" shall also include Assets of a capital  nature,  other  than cash, forming part of the trust Assets.

11.4	The  Trustee  shall   be  entitled  to  capitalise   any  Trust Income  in order  to  increase the Trust  Capital.
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11.5 No beneficiary  shall  be  entitled  to  transfer,  cede,  pledge  or otherwise deal with any interest in this Trust before the date  of vesting and no Beneficiary shall have any claim to any trust assets before such date.

12.	TERM INATIO N OF TR UST A N D DISTRI B UTIO N OF ASSETS

The trust shall terminate upon the death of MARNO JANSEN VAN RENSBURG and the remaining  net assets  be distributed  upon termination in accordance with MARNO JANSEN VAN RENSBURG's succession regime at the time  of  death.

13.	EXCLUSIO N OF BEN E FITS FRO M COM M U NITY ESTATE

Any benefit, including the proceeds of any such benefit, which any Beneficiary may receive under this Trust, shall be excluded from any community  of  property  or accrual system.

14.	TAX ES

The Trustee may pay any taxes, which may be levied on the  donor  in respect of any income received by or accrued to the  Trustee,  from the Trust's net income and in the event of  payment  of  such  taxes  by  the donor,  such amount  shall  be refunded to the donor.

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15.	VARIATION OF TERMS  OF THE TRUST  DEED

The terms of this trust may only  be  varied  in  terms  of  an  order  of the High Court.

Signed at JOHANNESBURG on this	day of ------- 2015 in the presence of the following   witnesses:

AS WITNESS	DONOR

AS  WITNESS AS  WITNESS
EXECUTED by the said STANDARD TRUST LIMITED

Represented by:

TRUSTEE

Director/Authorised Signatory

Director/Authorised Signatory