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ARTICLE · 08 JUNE 2022

Court Practice Directives Cannot Override The Superior Courts Act

In Frank Mhlongo and Others v Tryphinah Mokoena N O and Others, the question before the Supreme Court of Appeal ("SCA") was whether a judge president, through practice directives...

South AfricaLitigation, Mediation & Arbitration

In Frank Mhlongo and Others v Tryphinah Mokoena N O and Others, the question before the Supreme Court of Appeal ("SCA") was whether a judge president, through practice directives, could remove certain areas from a court's jurisdiction.

The case was first heard in the Pretoria High Court, where the beneficiaries of the Nhlangwini Community Trust instituted an application against the trustees of the trust, the Master of the High Court, the trustees' previous and current firm of attorneys and the Minister of Justice.

The relief sought by the beneficiaries included an order compelling the trustees to furnish various financial documents related to the trust and information disclosing previous and future payments.

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