Master’s offices left rudderless due to lack of … masters

Several master’s offices, including the busiest of all, the Johannesburg Master of the High Court, have literally ground to a halt for almost two weeks after being left rudderless.

Minister of Justice and Constitutional Development Mmamoloko Kubayi has neglected to renew or appoint key positions in these offices, including the appointment of a chief master and heads of office or acting heads for at least six master’s offices when their terms expired at the end of March.

The Master’s Office is responsible for:

• The winding up of deceased estates;
• The administration of insolvent estates;
• The appointment of curators; and
• Management of the Guardian Fund, which administers the assets of minor children and mentally challenged individuals.

Many of these duties are delegated to officials in the master’s offices, but in the absence of a master or acting master, there is no power of delegation.

The consequence of this is that decisions taken absent any delegated authority can be challenged and nullified, hence the current lack of movement in the affected offices. The offices are Johannesburg, Pretoria, Middelburg, Bloemfontein, Kimberley, and Polokwane.

The Fiduciary Institute of Southern Africa (Fisa) has expressed deep concern about the state of affairs, noting the impact it has on the lives of ordinary South Africans.

ALSO READ: The winding up of estates in SA is in shambles

Minister silent

The minister, who has revoked the power of the acting chief master to make appointments in the master’s offices, has been silent on the matter.

There has been no communication to the master’s offices of any interim arrangement until she makes the appointments.

The South African Restructuring and Insolvency Practitioners Association (Saripa) requested a meeting with Kubayi more than a week ago without receiving any response.

“Our request for a meeting is time sensitive as the mandates of the officials acting in senior positions have, we understand, come to an end leaving stakeholders in uncertainty,” Saripa CEO René Bekker said in a letter to the minister dated 4 April.

The Johannesburg Attorneys Association (JAA) said in its letter to the minister that her failure to appoint people in key positions has affected policy decisions, dispute resolution and litigation, the operations of the Guardian’s Fund, general administration, and the basic operation of the affected offices.

There is no reference to the expiring of the key positions and measures to curb any fallout on The Master of the High Court website.

Questions to the minister are still awaiting a response.

Kubayi swopped portfolios with the now-Minister of Human Settlements Thembi Nkadimeng-Simelane after controversy and allegations about a loan the latter received from the now-collapsed VBS Mutual Bank boiled over in December last year.

ALSO READ: 2-hour lunch breaks at Master’s Office: Justice department to conduct random spot checks

Disastrous situation

The dire state of affairs at several of the master’s offices is no secret. The current lack of decision-making authority in busy offices such as Johannesburg and Pretoria will only exacerbate the situation.

Moneyweb last year reported on the hardship caused to families by the complete lack of accountability and service delivery, fraud, corruption, and outdated and dysfunctional technology in the master’s offices.

Delays continue to hinder the transfer of assets such as properties, vehicles, or investments, which may be crucial for the financial stability or livelihood of the beneficiaries.

This means surviving spouses may be unable to transfer ownership of a family home, while dependants may be prevented from accessing investment accounts or retirement savings intended for their support.

Louis van Vuren, CEO of Fisa, says the current acting chief master, Kanyane Mathibe, cannot be appointed in an acting position again. In terms of regulations, she has already completed two six-month appointments.

The process to appoint a permanent chief master was underway last year, without any appointment being made yet.

The result of this is that legal powers and discretions assigned to the position of chief master and the various masters cannot currently be exercised.

ALSO READ: Minister no longer visiting ‘problematic’ Masters Office – here’s why

“This leaves the public and practitioners in limbo regarding several statutory functions and discretions,” says Van Vuren. “Unfortunately, this situation comes on the back of existing service delivery issues within some master’s offices.”

Katherine Gascoigne, senior associate at Gascoigne Randon & Associates, says the general public still does not realise the impact of the lack of appointments.

She says four days after the lapse of the acting chief master and the acting master’s tenure, the number of emails to the Johannesburg Master’s Office tallied at 7 200 – with nobody dealing with this correspondence.

Gascoigne said there are dedicated officials, including some of the acting masters who want to assist the public – but they realise their decisions can be challenged and even nullified.

The JAA expressed its appreciation to Mathibe for the “excellent manner” in which she engaged with them and her approach to the running the Office of the Master for the duration of her tenure. The JAA also extended its support for Walter Mulaudzi, the acting master of the Johannesburg office.

This article was republished from Moneyweb. Read the original here.