About SAFLII
Databases
Search
Terms of Use
RSS Feeds
South Africa: North Gauteng High Court, Pretoria
SAFLII
>>
Databases
>>
South Africa: North Gauteng High Court, Pretoria
>>
2016
>>
[2016] ZAGPPHC 614
|
|
Chiloane obo M.P.M v Road Accident Fund (31119/2014) [2016] ZAGPPHC 614 (13 June 2016)
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 HIGH COURT
OF SOUTH AFRICA
GAUTENG DIVISION,
PRETORIA
CASE NO.: 31119/2014
DATE: 13/6/2016
In the matter between:
U S CHILOANE obo M P
M.
Plaintiff
and
THE ROAD ACCIDENT
FUND
Defendant
JUDGMENT
VAN DER WESTHUIZEN, AJ
1. The
plaintiff claims in her personal and representative capacity as
guardian of the minor child, M. P. M. for damages suffered
as a
result of an accident that occurred on or about 3 November 2010.
2. The
defendant has accepted liability to pay 100% of the plaintiff's
proven, alternatively agreed damages suffered. In respect
of the
issue of future hospital and related medical expenses, the defendant
has provided an undertaking in terms of section 17(4)(a)
of Act 56 of
1996. This matter now before me concerns only the issue of quantum.
3. The
plaintiff has filed reports by various experts. The defendant has
opted not to file any expert reports. The defendant did
not admit to
the content of the plaintiff’s expert reports, nor did it
indicate which portions of the reports are in dispute
and on what
basis it is disputed.
4. The
minor child suffered the following injuries as a result of the
accident:
(a)
A mid-shaft femur fracture left leg;
(b)
Facial injuries;
(c)
Loss of consciousness.
5. When
the matter was called before me, counsel for the defendant indicated
that he held instructions not to admit to the content
of the expert
reports and merely indicated that the defendant disputes the head
injury suffered by the minor child as reported
on in the plaintiffs
reports.
6. It was
put to counsel for the defendant that he would not be entitled to
cross-examine or put a version that would not be supported
by expert
evidence to be called in respect thereof, to any of the plaintiff’s
expert witnesses. Wisely, counsel sought an
indulgence to obtain
instructions in that regard. Counsel for defendant thereafter
admitted the content of the plaintiff’s
reports and the reports
were handed into evidence by agreement.
7. In
view of the admission of the expert reports into evidence, only Dr L
Olivier, a clinical psychologist with expertise in neuropsychology,
was called in respect of the
sequelae
of the brain injury the
minor child had suffered as a result of the accident.
8. The
head injury suffered by the minor child is reported on by Dr JJ du
Plessis, a neurosurgeon, to be a mild to moderate concussive
brain
injury. In that regard he deferred to an educational psychologist and
neuropsychologist for assessment. Both Drs Birrel,
the orthopaedic
surgeon, and du Plessis, the neurosurgeon, noted in their respective
reports that the hospital was remiss in not
noting the minor child's
level of consciousness on admittance to hospital.
9. Dr
Birrel reported that the minor child has orthopedically recovered and
will only need a small shoe raise on the right foot.
10. Both
Ms E Bubb an educational psychologist and Dr. L Olivier are agreed
that as a result of the accident the information, other
than that of
the mother, presently available, confirms Dr. du Plessis's opinion of
a mild to moderate brain injury, which is suggestive
of a more severe
brain injury with a language component.
11. Dr
Olivier and Ms Bubb are of the opinion that the minor child has above
average intellectual potential both pre-morbid and
post-morbid.
Pre-accident the minor child functioned above average within the
schooling environment and in line with his intellectual
potential
pre accident. However, both experts are agreed that the minor
child, post morbid, no longer functions above
average. The
accident marked a watershed in his life, affecting his behaviour,
social functioning, and his capacity to achieve
within the
educational environment. Dr Olivier described it as resulting in a
significant difference post-morbid in the life of
the minor child..
12. In
her
viva voce
evidence, Dr Olivier explained that the head
injury was a diffused brain injury on neuron level. It would not
appear on an MRI-scan.
Such diffused brain injury results in
cognitive difficulties being experienced.
13. Both
the Dr Olivier and Ms Bubb are of the opinion that the minor child
would have pre-accident achieved a three year tertiary
qualification,
however as a result of the
sequelae
of the accident the minor
child would possibly now only achieve grade 10.
14. Dr
Schreuder, an Industrial Psychologist, has postulated on the various
reports that the minor child would have achieved a job
level
12/Paterson 84 to start with, progressing in a linear way from those
entry level earnings to a Perommes job level 8/Paterson
C4 at age 45,
with only inflationary increases thereafter.
15. It
follows that the minor child, as a result of the accident, has been
severely compromised in achieving a level of development
that would
have correlated with his intellectual capabilities pre-morbid.
16.
Counsel for the defendant valiantly attempted in the cross
examination of Dr Olivier to indicate that two pre-accident
incidents
had an affect on the minor child that impacted negatively on the
minor child's ability to achieve his potential later
in life. The two
incidents relate to the early death of his father and the death of
his grandmother. Dr Olivier was adamant that
those two incidents had
no negative impact on his capabilities later in life and that the
accident was the only cause that had
the aforesaid negative impact on
his capabilities post-accident. According to Dr Olivier, if either,
or both, of the said incidents
negatively impacted upon the
capabilities of the minor child, such would have presented sooner
rather than later and would have
shown in the minor child's
educational progress pre-accident.
17. In
respect of contingencies relating to pre-morbid earnings, Mr Williams
SC for the plaintiff submitted that an amount of 25%
would be
reasonable in the circumstances, but conceded that 30% would be the
appropriate percentage. Premised upon the two incidents
referred to
above, Mr Tyatya, on behalf of the defendant submitted that the more
appropriate percentage in respect of contingencies
would amount to
40%. Both counsel were agreed that 50% contingency would be
reasonable in respect of post-morbid earnings. I agree
with Mr
Williams that a 30% contingency should be applied in respect of
pre-morbid earnings.
18.
Counsel are also agreed in respect of the amount relating to general
damages and are agreed upon the amount of R800 000.00.
19.
Consequently, the plaintiff, in her representative capacity as
natural guardian of the minor child, is entitled to payment of
the
amount R4 431 720.00 made up as follows:
(a)
Pre-morbid earnings R5
499 477.00
Less
30% R3
849 699.00
(b)
Post-morbid earnings R
435 826.00
Less
50% R
217 913.00
(c)
Plus
Generals R
800 000.00
Total R4
431 720.00
20. Mr
Williams submitted that it is necessary that a Trust be established
and that a trustee be appointed to administrate and manage
the amount
to be awarded to the plaintiff in her representative capacity as
natural guardian of the minor child. Mr Tyatya did
not oppose the
submission. I agree with Mr Williams.
21. The
costs of the trustee and other related costs to the establishment of
the trust are included in the undertaking referred
to above.
22.
Counsel for plaintiff has drawn my attention to existence of a
contingency fee agreement entered into by the plaintiff and the
attorney for plaintiff. It appears that that agreement complies with
the prescribed requirements and I accordingly endorse the
agreement.
23.
Subject to the amounts to be awarded, both counsel have agreed upon
the terms of the order to be granted.
I grant
an order as set out in the draft order marked "XYZ" duly
completed by me and attached to this judgment.
-------------------------------
CJ
VAN DER WESTHUIZEN
ACTING
JUDGE OF THE HIGH COURT
GAUTENG
DIVISION
On behalf
of Plaintiff:
JO’D Williams SC
Instructed
by:
Marais Basson Inc
On behalf
of Defendant:
L Tyatya
Instructed
by:
Tau Phalane Inc.
IN
THE HIGH COURT OF SOUTH AFRICA
GAUTENG
DIVISION, PRETORIA
CASE
NO.: 31119/2014
ON_______JUNE
2016
BEFORE
THE HONOURABLE JUSTICE VAN DER WESTHUIZEN AJ
In the
matter between:
U
S CHILOAN E obo M P
M
Plaintiff
AND
ROAD
ACCIDENT
FUND
Defendant
ORDER
After
having heard counsel, the following order is made:
1. The
defendant is ordered to pay to the plaintiff in her representative
capacity on behalf of M.P.M,
R4 431 720.00 (FOUR MILLION FOUR
HUNDRED AND THIRTY-ONE THOUSAND SEVEN HUNDRED AND TWENTY RAND ONLY.)
2. The
defendant is ordered to furnish to the plaintiff for the benefit of
M. P. M. (born 14 November 2002), an undertaking in terms
of section
17(4)(a) of Act 56 of 1996 in respect of future accommodation of M.
in a hospital or nursing home for treatment of or
rendering of a
service or supplying of goods to her, to compensate the plaintiff in
respect of the said costs after the costs have
been incurred and on
tendering of proof thereof, arising from the collision which occurred
on 3 November 2010. The undertaking
includes the costs of a single
trustee as if he/she is a curator
bonis
under the
Administration of Estates Act.
3. The
defendant is ordered to pay the plaintiff's costs of the action, such
costs to include :
3.1.
the costs of senior counsel;
3.2.
the reasonable taxable fees for consultation and preparation for
trial, qualifying and reservation fees (if any) and on proof
thereof
as well as the costs of the reports of :
3.2.1.
Dr Birrell;
3.2.2.
Dr J J du Plessis;
3.2.3.
Dr Kaizer;
3.2.4.
Corlien MacDonald;
3.2.5.
Dr Pienaar;
3.2.6.
Eleanor Bubb;
3.2.7.
Dr L Olivier;
3.2.8.
Dr Schreuder;
3.3.
the costs of all other reports served on defendant's attorneys not
mentioned above;
3.4.
the costs of obtaining all actuarial reports from the actuaries Human
& Morris;
3.5.
the costs of establishing the M. P. M. TRUST referred to hereunder;
3.6.
the plaintiff's reasonable hotel accommodation, transportation costs
for attending consultation with the medico-legal experts
as well as
reasonable transportation for attending to Court.
4. It is
noted that the amount in paragraph 1and the costs are to be paid into
the trust account of Messrs Marais Basson as follows
:
Bank
: Standard Bank
Account
holder : Marais Basson Incorporated
Account
number : […]
Branch
code : 052750
4. It is
noted that after deduction of agreed/attorney fee due to the
plaintiff's attorney arid their correspondent, and after deduction
of
disbursements (including counsel's fees) and after payment of an
advance of R300,000.00 (THREE HUNDRED THOUSAND RAND) to the
plaintiff, the net amount of the award is to be paid to the M. P. M.
TRUST. A copy of the draft Trust Deed of the M. P. M. TRUST
is
attached hereto marked "A".
5. It is
noted that the plaintiff has agreed to furnish the defendant with at
least 14 (FOURTEEN) days written notice of taxation.
6. The
plaintiff's attorney is entitled to charge contingency fees in terms
of the Contingency Fees Act on the basis of the contingency
fee
agreement dated 10 October 2013.
BY
ORDER
REGISTRAR
For
plaintiff : Adv J O Williams SC (082…)
For
defendant : Mr Rachuene (071…)
DEED
OF TRUST
entered
into by and between
STEFANUS
PETRUS BASSON
(hereinafter
referred to as the "DONOR")
and
JACOBUS
FREDERIK DE BEER
(hereinafter
referred to as the "TRUSTEE")
In terms
of which the DONOR donates to the TRUSTEE, the sum of R100.00, which
amount is to be held by the TRUSTEE in trust and be
administrated by
him in terms of the conditions and terms of this Deed of Trust as is
herein set out:-
1.
DONATION
The DONOR
hereby donates to the TRUSTEE the sum of R100.00, which amount will
be paid to the TRUSTEE and will be received by him
with the
registration of this Deed.
2.
NAME OF TRUST
The Trust
will be known as the M. P. M. TRUST
3.
TRUSTEE
3.1
There will at all stages be one trustee who must be an admitted
attorney or a registered chartered accountant;
3.2
The TRUSTEE of this Trust will be the person described as TRUSTEE in
the preamble to this Trust Deed. This office will be held
by him for
an indefinite period until his resignation or incapacity or the
termination of the Trust;
3.3
The TRUSTEE must furnish security to the satisfaction of the Master
of the High Court of South Africa for the assets of the
Trust and for
the due compliance of all his obligations towards the Trust.
4.
BENEFICIARIES
The
beneficiary of this Trust will be M. P. M. with regards to the income
derived from the Trust assets and the capital shall also
be used to
the benefit of M. P. M. in such a way as the TRUSTEE may deem
appropriate. At the death of the mentioned M. P. M. the
Trust's
assets will be transferred to the heirs of M. P. M. as set out in the
Will of M. P. M. or should M. P. M. not leave behind
any will, the
assets will be transferred to the intestate heirs of M. P. M. in
accordance with the provisions of the Intestate
Succession Act.
5.
OBJECTIVES
The
objectives of this Deed of Trust are the following:-
5.1
To maintain and support the said M. P. M. physically and mentally for
the remaining part of her life;
5.2
The TRUSTEE will as far as possible endeavour to utilize the funds of
the Trust to comply with the medical needs of the mentioned
M. P. M.
In this respect the TRUSTEE will in his discretion, and if he deems
it necessary, be authorised to make use of medical
advice in overseas
countries and if necessary, send the mentioned M. P. M. to the
foreign country if the TRUSTEE in his discretion
deem it to the
benefit of M. P. M. and if there are sufficient grounds and funds for
such advice and medical treatment;
5.3
To provide accommodation to the beneficiaries and one other person
who will act as the beneficiary's caretaker/nurse if necessary
and
affordable.
In
this respect the TRUSTEE will also be entitled in his discretion to
employ people and to remunerate them for services rendered
to M. P.
M. where and if necessary and affordable;
5.4
To do anything that the TRUSTEE in his discretion deem necessary for
the general well-being of the mentioned M. P. M. and the
TRUSTEE will
be entitled to incur such reasonable costs as he deems necessary in
this regard in his absolute discretion;
5.5
To invest the Trust's assets and to act therewith in such a manner so
as to attempt to increase same and if possible to cause
capital
growth in order for the funds paid over in trust to be administered
for as long as possible, to the benefit of M. P. M.
6.
ASSETS
The
assets of the Trust will include:-
6.1.
The assets donated to the TRUSTEE In terms of this Deed as well as
any additions and accruals thereto;
6.2
All donations and inheritances donated or bequeathed to the Trust in
supplementation of the Trust's assets;
6.3
All assets that the Trust may purchase with its own funds or borrowed
funds or that may be acquired by any other juristic act;
6.4
Any assets that may be allocated to the Trust in terms of an Order of
Court or settlement of the action.
7.
I
NCOME FROM THE
TRUST
The
income of the Trust will be all income earned by means of the Trust's
assets.
8.
POWERS OF THE TRUSTEE
8.1
To enable the TRUSTEE to comply with all obligations in terms of the
Deed of Trust, the TRUSTEE will be entitled:-
8.1.1
To perform any act in general, whatsoever, that is according to his
opinion, beneficial for the preservation and growth of
the assets of
the Trust, or in the interest of the Beneficiary. The powers
entrusted to him according to the paragraphs hereinafter
do not limit
the generality of this sub-paragraph;
8.1.2
To use any part of the assets or income of the Trust for payment of
any costs reasonably incurred by him in relation to his
duties and
obligations as TRUSTEE;
8.1.3
To invest the assets or income of the Trust in a guaranteed income
plan with Old Mutual Ltd, and/or Sanlam Ltd, and/or Discovery
Ltd,
and/or Momentum Ltd, or in the Money Market fund operated by First
National Bank Ltd, and/or Absa Bank Ltd, and/or Standard
Bank Ltd
and/or Nedbank Ltd;
8.1.4
If the TRUSTEE practices a profession and in such capacity performs
any other act or service on behalf of the Trust, in such
capacity,
the TRUSTEE will be remunerated for his professional services
rendered without limiting or reducing his right to remuneration
as
stipulated hereinafter;
8.1.5
To Institute legal and arbitration proceedings and to oppose same In
any competent court with regard to any matter forthcoming
from the
Trust and to pay the costs Incurred in relation thereto from the
assets or income of the Trust;
8.1.6
To purchase, sell, let, hire or to hire-purchase any assets;
8.1.7
To acquire or renounce, in any manner whatsoever, rights on behalf
of the Trust;
8.1.8
To acquire money through a loan or expend money by way of a loan on
any conditions and against proper security being furnished
where
money is expended by way of a loan;
8.1.9
To encumber any assets of the Trust by way of a bond, pledge,
hypothec or session as security;
8.1.10
To perform all acts on behalf of the Trust which may be necessary to
effect transfer of any assets of the Trust;
8.1.11
To grant extensions for the complying with any duty towards the
Trust, to reach compromises and oppose claims against the
Trust, to
recognise, and settle same and to handle any claims in favour of the
Trust In the same manner;
8.1.12
To employ people to perform any act and to remunerate them from the
assets or Income of the Trust. The possibility that the
TRUSTEE would
have been able to perform such act himself does not detract from the
aforementioned entitlement;
8.1.13
To utilize the assets and income of the Trust in such a manner as the
TRUSTEE may deem proper for the conservation, maintenance
or
replacement of any assets of the Trust and to demolish any buildings
if deemed appropriate by the TRUSTEE to erect new buildings
on the
fixed property of the Trust;
8.1.14
To exercise his voting right as deemed appropriate, with regard to
any shares which belong to the Trust and are held in any
company or
society. The exercise of his discretion and authority hereunder is
not reduced where they directly or indirectly have
an interest in
such company or society, neither will the TRUSTEE, due to his
confidential relationship with the Trust, be obliged
to give account
of any benefit, which accrues to them due to such interest either
directly or indirectly, nor is any act, agreement
or deed of the
TRUSTEE void or voidable on the ground that they received such
benefit. The object of this clause is to avoid that
the consequences
of voidability or voidness due to the confidential office of the
TRUSTEE will supervene and insofar as it may
affect
agreements
and relationships with companies and societies in which the TRUSTEE
has a personal interest;
8.1.15
To lend money to any person or legal entity on such conditions as he
in his absolute discretion may stipulate on the condition
that proper
security is provided by the lender;
8.1.16
To enter into insurance contracts and to pay the premiums from the
assets of the Trust;
8.1.17
To pay the debts of the Trust;
8.1.18
To accept or refuse donations and inheritances to the Trust;
8.1.19
To open a bank account and to borrow money from a bank on the
overdraft facility or otherwise;
8.2
Notwithstanding the stipulations of paragraph 5.1 or any other
paragraph in this Deed, the TRUSTEE will not be entitled to
dispose
of any assets or income of the Trust for his own benefit or the
benefit of his estate. Without detracting from the generality
of the
aforementioned he will specifically not be entitled or authorised to
appropriate or to dispose of any of the assets or income
of the Trust
as his own, as he deems fit, if he by doing so will benefit himself
or his estate. The TRUSTEE will furthermore not
be authorised to use
or consume any of the assets of the Trust, for his own benefit unless
so authorised by the Master of the High
Court of South Africa;
8.3
If the Trust shows drastic growth and if the administration thereof
requires it, the TRUSTEE will be entitled to employ a person
or
persons, full time or part time, to assist with the administration of
the Trust and in this respect he will be entitled to pay
a reasonable
salary or remuneration, which he in his discretion deem appropriate,
to such a person or persons. Control and care
over the Trusts assets
will however always be the responsibility of the TRUSTEE including
fixed property or a bond with regards
to any place in the Republic of
South Africa. In this regard the only limitation is that investments
may only be made within the
borders of the Republic of South Africa.
9.
BOOKKEEPING
9.1
The TRUSTEE must keep a complete set of accounting records with
regard to the affairs of the Trust;
9.2
The TRUSTEE will ensure that the accounting records of the Trust are
audited by a chartered accountant and that such accountant
will have
free access to the books, documentation and assets of the Trust.
10.
APPLICATION OF INCOME
The
TRUSTEE will use the income of the Trust to pay the administration
costs for the administration of the Trust and to realise
the
objectives of the Trust.
11.
DUTIES OF THE TRUSTEE
The
TRUSTEE will:-
11.1
As far as possible endeavour to realise the objectives of the Trust;
11.2
Open a current account with a registered commercial bank of his
choice, which account will be used for the receipt of all cash
which
is paid to the Trust;
11.3
Invest and reinvest the funds of the Trust In such a manner as he may
deem fit in shares, securities or any assets of whatsoever
nature
including fixed property or on bond in any place In the Republic of
South Africa and in this respect the only limitation
is that
investments may only be made within the borders of the Republic of
South Africa;
11.4
Amend, regroup or reinvest the investments in such a manner and on
such conditions and for such objectives as the TRUSTEE in
his sole
discretion may deem appropriate;
11.5
See to it that proper minutes of all decisions made by him, are kept
in a safe place;
11.6
See to it that the financial statements of the Trust for each year
are kept in safe custody for the period of the existence
of the
Trust;
11.7
See to it that all contracts are fulfilled;
11.8
Make all payments that may be payable on the income of the Trust;
11.9
If he deems it necessary to effect any amendments to the Trust Deed,
he will be entitled to make the said amendments on condition
that
such amendments are approved by the DONOR during his lifetime. After
the death of the DONOR he will be entitled to make such
amendments as
he may deem appropriate on condition that such amendments will not
amend the objective of the Trust;
11.10
See to it that the set of books that he must open and keep will
immediately become operational and at the same time appoint
a firm of
auditors for the Trust as soon as the Master of the High Court has
registered this Deed;
11.11
See to it that the firm of auditors that is appointed for the Trust
will at all times have free access to the books and accounts
and
vouchers of the Trust and he further undertakes to obtain such
information as the auditors may require and to make same available
to
the firm of auditors and if explanations are required, to provide
same;
11.12
To report and file statements of account to the Master of the High
Court, Pretoria, as at 28 February of every year.
12.
POWERS OF THE TRUSTEE
The
following people will be incompetent to act as TRUSTEE of this
Trust:-
12.1
Any person who is incompetent to act as a director of a company in
terms of the stipulations of the relevant Company Laws of
the
Republic of South Africa;
12.2
Any person who is an unrehabilitated insolvent;
12.3
Any person who has previously been removed as a TRUSTEE from a trust
due to his/her misadministration of the said Trust;
12.4
Any person who has previously been found guilty, in the Republic of
South Africa or elsewhere, of theft, fraud, forgery, perjury,
corruption or any misconduct or offence where dishonesty was an
element of and resulted in that person being found guilty;
12.5
Any person who has been declared mentally ill or incapable of
managing his/her own affairs.
13.
TERMINATION OF THE TRUST
The Trust
will terminate at the death of the mentioned M. P. M.. It requires an
application to the High Court in Pretoria, to terminate
or dissolve
the Trust prior to the death of MFUNDO PROSPER
MANTSHINTSHI.
14.
DISSOLUTION OF THE TRUST
With
termination of the Trust as a result of the death of M. P. M. the
Trust will be liquidated and the capital will after all the
administrative costs and debts as well as claims against the Trust
have been paid, be allocated according to the stipulations of
the
will of the mentioned M. P. M. and if the mentioned M. P. M. dies
intestate, the net assets of the Trust will be divided equally
between her intestate heirs in accordance with the relevant Intestate
Succession Act that is applicable in the Republic of South
Africa. If
the Trust is terminated by Order of the Master of the High Court of
South Africa, the funds will be paid out in accordance
with the
stipulations of such order.
15.
EXEMPTIONS
With
regard to the aforementioned the following exemptions will be
applicable:
15.1
No TRUSTEE will be incapable due to his office as TRUSTEE of this
Trust, to enter into a contract with the Trust or any company
in
which the Trust has an interest. Furthermore any contract entered
into between the Trust and such company will not be void due
to the
Trustee's interest in the company. The only requirement with regard
hereto, Is that the TRUSTEE must before any negotiations
are entered
into, disclose his interest in the contract or entity, to the Master
of the High Court of South Africa before such
negotiations take
place;
15.2
Any TRUSTEE, who is a member of or a partner in a firm of
professional practitioners, may be employed by the Trust or render
services for the Trust and in such instance the TRUSTEE will be
entitled to a fee in his professional capacity;
15.3
No TRUSTEE will be requested to make good any damages that the Trust
may have suffered, regardless of how such damage was caused,
with the
exception of such damage that was caused by the dishonesty of a
TRUSTEE or as a result of his negligence;
15.4
No TRUSTEE will be liable for any dishonesty or wrongful act
committed by any other TRUSTEE unless such a TRUSTEE had knowledge
thereof and allowed such dishonest acts or acted as an accessory;
15.5
The TRUSTEE shall be indemnified out of the assets of the Trust with
regards to any claims that may be Instituted against him
personally
and which result from the reasonable acts of the TRUSTEE and the
exercise of any of his competencies which he/she is
entitled to
exercise In terms of this Deed.
16.
REMUNERATION
If the
TRUSTEE is a professional person, he will be entitled to his
reasonable professional fees for any professional work done
for the
Trust. Such fees will include any fees that are reasonably payable to
his partners and he will further be entitled to make
use of the
services of other similar professional people as also auditors,
medical doctors, attorneys and advocates. With regard
to services
rendered by the TRUSTEE for the general administration of the Trust
and arrangements which he will make with regard
to the care of the
mentioned M. P. M., the TRUSTEE will be entitled to a yearly fee as
stipulated in the relevant legislation of
the Republic of South
Africa.
17.
ACCEPTANCE
The
TRUSTEE hereby accepts the donation made to him according to this
Deed subject to the conditions of this Deed and further undertakes
to
realise the objectives of this Trust Deed.
SIGNED at
PRETORIA on this the
__________
day of JUNE 2016.
AS
WITNESSES:
1.
2.
DONOR
SIGNED at
PRETORIA on this the
_____
day OF JUNE 2016.
AS
WITNESSES:
1.
2
.
TRUSTEE
IN THE
HIGH COURT OF SOUTH AFRICA
GAUTENG
DIVISION, PRETORIA
CASE
NO : 31119/2014
In the
ex
parte application
of :
U
S
CHILOANE
Plaintiff
(IN RE:
THE APPOINTMENT OF A TRUST FOR M. P. M. (born 14 NOVEMBER 2002)
_______________________________________________________________________
I, the
undersigned
JACOBUS
FREDERIK DE BEER
confirm
that :
1.
I am practising as an attorney of the firm, Gildenhuys Malatji
Incorporated, Pretoria.
2.
I am not related to the patient and she is not known to me.
3.
I agree to act as trustee for M. P. M.
-------------------
JACOBUS
FREDERIK DE BEER