Malatji v Ledwaba NO and Others (1136/2019) [2021] ZASCA 29 (30 March 2021)

Election of trustees by beneficiaries of community trust –
interpretation of court order and trust deed – beneficiaries ‘present at such
meeting’ mean physically present – beneficiaries having no common law right to
vote by proxy in election – proper interpretation of the trust deed does not include
proxies – waiver and estoppel must be pleaded – evidence held to be insufficient
to establish either waiver or estoppel