REPORTABLE

Republic of South Africa 
IN THE HIGH COURT OF SOUTH AFRICA
(WESTERN CAPE HIGH COURT, CAPE TOWN)
CASE NO: 3016/2009
Before; The Hon. Mr Justice Binns-Ward 
In the ex parte application of:

JUDGMENT DELIVERED: 15 JUNE 2011

BINNS-WARD J:

[5J The applicant has now applied for an order directing the Master at Cape Town to furnish this court with the required report. Although the application was served on the Master on 2 June 2011, the Master has not favoured the court with the assistance of her views on the relief sought.

(a) in the case of any such person who is ordinarily resident within the area of jurisdiction of a High Court, with the Master appointed in respect of that area; and
(b) in the case of any such person who is not so resident, with the Master appointed in respect of any such area in which is situate the greater or greatest portion of the property of that person:

Provided that-

(4) If more than one Master has in such belief exercised jurisdiction in respect of the same estate or property, that estate or property shall, without prejudice to the validity of any act already performed by or under the authority of any other Master, as soon as it becomes known to the Masters concerned, be liquidated, distributed or administered as the case may be. under the supervision of the Master who first exercised such jurisdiction, and any appointment made and any grant, signing and sealing or endorsement of letters of executorship, tutorship or curatorship. by any other Master in respect of that estate or property, shall thereupon be cancelled by such other Master.

[8] The relevant provisions of s 4(2)(b) apply only respect of the property of a person under curatorship or to be placed under curatorship if such person is not ordinarily resident within the area of jurisdiction of a High Court. The patient plainly does not qualify as such. As mentioned, he resides within in the jurisdiction of the Northern Cape High Court. The provisions of s 4(2)(b) are of application in respect of the local property of an affected person who is not ordinarily resident in the country, but who owns property that is held or situated here. They might also apply in respect of a person who has no fixed place of residence in South Africa, but constantly moves about the country staying at different places from time to time,

consequently not being 'ordinarily resident' anywhere in the country. Thus the only Master 'having jurisdiction' in this case is the Master at the seat of the High Court in Kimberley.

[10] The flexible and pragmatic operational framework provided in terms of the provisions relied upon by counsel do not afford any warrant to the court to vest the Master at Cape Town with a jurisdiction she does not have tn terms of the Act. Nor does it empower the court to impose upon the Master at the seat of this court an obligation to assume jurisdiction.
[11] The jurisdiction of the Master, which is determined by the Administration of Estates Act, is something which is quite distinguishable from the jurisdiction of the court, which, in general, is determined by the Supreme Court Act 59 of 1959 and the common law. If this court has sole or concurrent jurisdiction to appoint a curator to the patient's property, the incidence of the provisions of the Administration of Estates Act, discussed above, might entail that a Master with an office at the seat of another High Court is the Master 'having jurisdiction'. The effect of the jurisdictional provisions in s 4 of Act No 66 of 1965, read with the provisions of rule 57(6)-(8). is that such Master (in this case, the Master at Kimberley). and not the local Master (the Master at Cape Town), is responsible for making the required report. The applicant would therefore be well advised to bring this judgment to the attention of the Master of High Court, Kimberley.

[14] The application for an order directing the Master of the High Court, Cape
Town, to furnish a report in terms of rule 57 is refused.

Dates of hearing: 7 and 8 June 2011 
Date of judgment:  17 June 2011 
Applicant's counsel:  A.J. Du Toit
Curator ad litem 
to the patient:  M.J.M. Bridgman 
Applicant's attorneys: DSC Attorneys 
			Cape Town