SAFLII Note: Certain personal/private details of parties or witnesses have been redacted from this document in
compliance with the law and SAFLII Policy
REPUBLIC OF SOUTH AFRICA
IN THE HIGH COURT OF SOUTH AFRICA
GAUTENG DIVISION, PRETORIA
CASE NO.: 2025-117399
(1) REPORTABLE: NO
(2) OF INTEREST TO OTHER JUDGES: NO
(3) REVISED: NO
Date: 30 July 2025
E van der Schyff
In the Ex Parte application of
MASHAU SIGOGO Applicant
In the matter between:
MASHAU MAGOGO Applicant
and
ABSA BANK First Respondent
LINDIWE MHLONGO N.O. Second Respondent
MASTER OF THE HIGH COURT Third Respondent
THE ACCOUNT HOLDER OF
ABSA ACCOUNT 9[...] Fourth Respondent
THE ACCOUNT HOLDER OF
ABSA ACCOUNT 9[...] Fifth Respondent
JUDGMENT
Van der Schyff J
Introduction
[1] This ex parte application was enrolled in the urgent court. Although the application
was moved on an ex parte basis, five respondents were cited, to wit, ABSA Bank,
Lindiwe Mhlongo in her capacity as the executrix of Estate Late M C Khumalo, the
Master of the High Court, and two unknown entities that hold accounts with ABSA
Bank. It is unequivocally stated in the founding affidavit that none of the
respondents will be served with this application prior to its hearing.
[2] The applicant seeks the preservation of all funds in the estate’s bank account and
the two identified accounts of the unidentified entities. Additionally, she seeks
copies of the bank statements of the three bank accounts for the past year.
[3] An applicant approaching the court for relief must establish that they have the
necessary locus standi to seek the relief.
[4] The applicant states that she is an adult female attorney. The applicant avers that
Ms. Mhlongo has mandated her to assist her in the administration of the deceased
estate. Ms. Mhlongo allegedly ‘recently’ communicated to her that the estate’s
bank account has been depleted of substantial amounts of money. The applicant
obtained an order in this court directing ABSA to provide her with copies of the
recent bank accounts, and she noticed that substantial amounts were paid out of
the estate’s bank account, am ong others, to the two unknown entities respectively
cited as the fourth and fifth respondents. The applicant does not know where Ms.
Mhlongo currently resides, as she is ‘somewhere in the United States of America’,
and is no longer answering phone calls from her legal practice. Ms. Mhlongo has
adopted a dismissive attitude towards her law firm when she attempts to
communicate with her. The tone of the email communication attached to the
founding affidavit is indicative of a strained relationship.
[5] The applicant avers that the relief sought in the notice of motion is intended to
protect as much of the remaining money in the bank accounts as possible.
[6] The applicant does not aver in the founding papers that she has the necessary
locus standi to approach the court. She does aver that she has a prima facie right
to the relief sought , and if she succeeds in proving a prima facie right to the relief
sought, it will follow that she has the necessary locus standi.
[7] The applicant avers as follows:
‘As the attorney which has been mandated with assisting the Executrix of
the estate in question with the estate’s administration, I feel well within my
rights to request the relief sought as my duty extends beyond any personal
interest in the estate of the 2 nd respondent. Firstly, there are other heirs to
the estate and, secondly, I have a professional duty to see to it that the law
is observed throughout the entirety of the administration of this estate.’
[8] It is evident from the founding affidavit that Ms. Mhlongo is t he executrix of the
deceased estate. She is also the person who opened the estate bank account and
the only person , according to the applicant, who managed the account. By
accepting the mandate to assist with the administration of the deceased estate, the
applicant did not acquire any personal legal interest in the estate, much less a
direct and substantial interest therein. 1 When a client gives a mandate to an
attorney, it creates a principal -agent relationship. The attorney may be authorised
to act on behalf of the client, but the rights and obligations concerned remain those
of the client. The converse is also true : an attorney’s authority must come from the
client, either expressly or by implication.
[9] I am alive thereto that the Special Power of attorney authorizes the applicant,
among others, to open bank accounts in the name of the deceased estate. In this
matter, for reasons not placed before the court, the executrix opened the bank
matter, for reasons not placed before the court, the executrix opened the bank
accounts and not the applicant. In this regard, the applicant was thus not assisting
1 See Brauer v Cape Liquor Licensing Board 1953 (3) SA 752 (C).
with the administration of the estate, except for specific instructions she received
from the executrix.
[10] The applicant failed to make out a case that she has locus standi. As a result, the
application stands to be dismissed.
ORDER
In the result, the following order is granted:
1. The application is dismissed.
E van der Schyff
Judge of the High Court
For the applicant: Mr. M. Mavunda
Instructed by: Mavunda Attorneys
Date of the hearing: 29 July 2025
Date of judgment: 30 July 2025