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R7 of 2020 – Department of Justice and Constitutional Development in the Masters Office and the Office of the Chief Master

Proclamation Number:

R7 of 2020

Department or State institution:

DOJ&CD in the Masters Office and the Office of the Chief Master

Type of Report:


Date Report Submitted:



1. Maladministration in connection with the affairs of the Masters’ offices, in relation to the following functions of the Masters’ offices as set out in the Administration of Estates Act, No 66 of 1965, the Insolvency Act, No 24 of 1936
and the Companies Act, No 71 of 2008: a) The administration of estates of deceased persons; b) The winding up of estates of insolvent persons; c) The protection and administration of the funds of minors, contractually incapacitated
and undetermined and absent heirs, which have been paid into the Guardian’s Fund; d) The supervision of the administration of companies and close corporations in liquidation; e) The safeguarding of all documentary
material in respect of estates, insolvencies and liquidations; f ) The processing of enquiries by executors, attorneys, beneficiaries and other interested parties; and g) The appointment of executors, trustees, curators and liquidators.

2. Any losses or prejudice suffered by the Masters’ offices or the state as a result of such maladministration.

3. The incurring of unauthorised, irregular or fruitless and wasteful expenditure in respect of travel, subsistence and accommodation costs for officials who perform work at Masters’ offices other than the office at which they are or
were appointed in terms of their employment contract.

4. The appointment of officials or employees at the Masters’ offices in a manner that was contrary to applicable a) legislation; b) manuals, guidelines, practice notes, circulars or instructions issued by the National Treasury; or c)
manuals, policies, procedures, prescripts, instructions or practices of, or, applicable to the Masters’ offices.

5. Interference by certain senior officials of the Masters’ offices in pending disciplinary proceedings against officials or employees of the Masters’ offices or the failure of certain senior officials in the Masters’ offices to institute well
founded disciplinary or other appropriate proceedings against such officials or employees.

6. The procurement of, or contracting for cleaning services by or on behalf of the Masters’ offices and payments made in respect thereof and any related losses or irregular or fruitless and wasteful expenditure incurred by the Masters’
offices as a result thereof.

7. The remuneration of fictitious officials or employees at the Masters’ offices.

8. Any irregular, improper or unlawful conduct by a) employees or officials of the Masters’ offices; or b) any other person or entity, in relation to the allegations set out in paragraphs 1 to 7 of this Schedule.