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FREE STATE HIGH COURT, BLOEMFONTEIN

REPUBLIC OF SOUTH AFRICA

Case No.: 3803/2009

In the matter between:

DIPUO URANDAR SEHLABAKAApplicant

(for the appointment of a curator bonis for

Bhekumuzi Emmanuel Khumalo

ID: 660915 5972 08 8)

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JUDGMENT: MOLEMELA, J

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[1]The applicant launched an urgent application seeking an order for the appointment of an attorney as a curator bonis to the estate of the applicant’s husband. The applicant’s husband, a businessman, had been missing for a period of about two weeks and had, prior to his disappearance, informed the applicant that he had learnt that some people wanted to kill him. He had previously reported the matter to the police after receiving threatening messages on his cellular phone. The vehicle that he was driving on the last day before his disappearance was found in another town.

[2]The applicant averred that her husband was a sole member of a close corporation which was, as at the time of his disappearance, contracted to do building works for certain institutions. He was also the sole signatory of the close corporation’s bank account. Due to his disappearance, the close corporation’s employees had not been paid their salaries and all the work that the applicant’s husband was contracted to do had ground to a halt, hence the launching of this application.

[3]The application seeks an order granting thecurator bonis the following powers:

3.1To receive, take care of, control and administer all the property and business interests of BHEKUMUZI EMMANUEL KHUMALO;

3.2To take all steps and perform all duties and obligations which may be necessary for the due and proper administration and preservation of the property and business interests of BHEKUMUZI EMMANUEL KHUMALO.

3.3To carry on, subject to any law which may be applicable, any business or undertaking of BHEKUMUZI EMMANULE KHUMALO and to comply with its contractual obligations.

3.4To pay all debts and expenditure incurred for the maintenance of the property and the family of BHEKUMUZI EMMANUEL KHUMALO and the preservation of his business interests.

[4]Mr Steenkamp, on behalf of the applicant referred me to the following cases: Ex Parte Shulman 1955 (1) SA 514 (WLA) and Ex Parte Pillman 1957 (4) SA 666 (N). The facts of the present case are on all fourswith the above-mentioned authorities, which I find to be persuasive. I am therefore inclined to grant the order sought, subject to some qualification with regards to the powers of the curator bonis.

[5]The application was served on the Master of the High Court and he duly filed a report. The Master was not averse to the granting of the order but raised some concerns regarding exemption of the curator from the furnishing of security. Mr Steenkamp submitted that the applicant was not applying for the curator bonis to be exempted from furnishing security.

[6]Having considered the application and all submissions made on behalf of the applicant as well as by the Master of the High Court, I find that the following order is appropriate:

  1. Daniel Pier-er Haggett is hereby appointed Curator Bonis for the estate of Bhekumuzi Emmanuel Khumal (ID – 660915 5972 08 8) with the following powers:

1.1To receive, take care of, control and administer all the property and business interests of BHEKUMUZI EMMANUEL KHUMALO;

1.2To take all steps and perform all duties and obligations which may be necessary for the due and proper administration and preservation of the property and business interests of BHEKUMUZI EMMANUEL KHUMALO.

1.3To carry on, subject to any law which may be applicable, any business or undertaking of BHEKUMUZI EMMANULE KHUMALO and to comply with its contractual obligations.

1.4To pay all debts and expenditure incurred for the maintenance of the property and the family of BHEKUMUZI EMMANUEL KHUMALO and the preservation of his business interests.

1.5to invest or re-invest all monies payable to Bhekumuzi Emmanuel Khumalo’s business which are not immediately required for the purposes mentioned in clause 5.2.1 – 5.2.4 above.

  1. The powers conferred upon the said Curator Bonis in sub-paragraphs 1.1 -1.5 hereof, shall be exercised under the supervision of the Master of the Free State High Court.
  1. The costs of this application shall be paid out of the estate of Bhekumuzi Emmanuel Khumalo.
  1. Curator bonis to furnish security to the Master of the Free State High Court.
  1. A copy of this order to be served on the Master of the Free State High Court.

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M. B. MOLEMELA, J

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