<\/p>\n
Despite acknowledging the deficiencies and challenges facing the offices of the Master of the High Court a year ago, it appears that Kala Pillay \u2013 who is Acting Chief Master and Acting Director-General (DG) of Justice and Constitutional Development \u2013 has made little headway in addressing the concerns.<\/p>\n
In fact, some stakeholders who deal with Master\u2019s offices on a daily basis feel the situation has deteriorated considerably since last year.<\/p>\n
Read:<\/p>\n
Six months on and Joburg Master\u2019s Office is no better
\nJohannesburg and Pretoria Masters\u2019 offices still without permanent heads<\/p>\n
One of the busiest offices, Johannesburg, has been without a head of office for almost two months.<\/p>\n
This prompted the Johannesburg Attorneys\u2019 Association (JAA) to issue Pillay\u2019s office with an ultimatum: if an appointment is not made within seven days of its letter, it intends approaching the minister of justice for an explanation and an appointment.<\/p>\n
The letter was sent on Friday (11 September).<\/p>\n
Katherine Gascoigne, who heads the Master\u2019s Office portfolio at the JAA, says in her letter to Pillay they do not have to explain the crucial role of a head of office, or the instability it creates if the position remains vacant.<\/p>\n
\u201cIt is surprising and disappointing that the vacancy of this position was not considered upon renewal of the previous Acting appointment, six months prior to the expiry of this appointment, especially as the Johannesburg Master\u2019s Office is one of the busiest offices in South Africa,\u201d she writes.<\/p>\n
The Master\u2019s functions include the administration of deceased estates and insolvent persons, the protection of the interests of minors and legally incapacitated persons, the supervision of the administration of companies and close corporations, the Estate Duty Act, the Trust Property Control Act, and the appointment of executors, trustees, curators and liquidators.<\/p>\n
A matter of urgency<\/p>\n
Gascoigne points out that this is the second time in less than a year that the Johannesburg office has been without a Master. It is \u201cimperative\u201d that the appointment of an acting Master is resolved as a matter of urgency, she stressed.<\/p>\n
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It appears that at least eight Master\u2019s offices have no permanent head of office, including the Chief Master\u2019s Office.<\/p>\n
Moneyweb sent questions to Pillay\u2019s office and the department and is awaiting a response.<\/p>\n
Pillay has been Acting Chief Master for slightly more than a year and also became Acting DG after Doctor Mashabane resigned following allegations that he had abused his power and delayed the Madlanga Judicial Commission of Inquiry.<\/p>\n
The DG is responsible for the administrative, financial, human-resources, operational and service-delivery framework within which the Master\u2019s offices operate. It is therefore within her power to create an enabling environment for the offices under her charge.<\/p>\n
Outdated legislation<\/p>\n
According to Gascoigne, stakeholders have been waiting for directives from the Chief Master\u2019s Office for more than a year. Directives are official administrative instructions issued to regulate procedures across all Master of the High Court offices.<\/p>\n
They have also been waiting for legislation to be finalised for more than two years. \u201cWe are dealing with an Act that is no longer viable and helpful. It frustrates the process,\u201d Gascoigne adds.<\/p>\n
During last year\u2019s Annual Conference of the Fiduciary Institute of Southern Africa (Fisa), Pillay acknowledged that the outdated legal framework under which the Master\u2019s offices operate has shaped how the offices are structured and managed.<\/p>\n
\u201cThe legal framework does not meet the demands of our post-democratic and constitutional state,\u201d she acknowledged.<\/p>\n
The Master\u2019s Office is responsible for administering several pieces of legislation, most of which date back to before 1994. The Companies Act is the only post-1994 legislation.<\/p>\n
Read:
Is this the worst Master\u2019s Office in SA?
Master\u2019s offices left rudderless due to lack of \u2026 masters<\/p>\n
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CONTINUE READING BELOW<\/p>\n
One of the biggest concerns relates to the broken and outdated information and communication technology system.<\/p>\n
Pillay also acknowledged this a year ago.<\/p>\n
\u201cThe mostly paper-based system leads to the loss of records, the incorrect storage of information, the inability to find records, and the challenge with fraud and corruption, where records are easily manufactured and changed according to who wants to beat or cheat the system,\u201d she said.<\/p>\n
Ongoing challenges<\/p>\n
Jan du Plessis, CEO of Fisa, says network problems are among the biggest challenges facing Master\u2019s offices. If these can be fixed, it would make a significant difference to the flow of work at the offices.<\/p>\n
The time it takes simply to capture an estate on the system is inordinately slow, particularly in more rural areas.<\/p>\n
Another critical Master\u2019s Office is Pretoria, which is also headed by an acting master. It continues to face challenges despite relocating to upgraded premises in May.<\/p>\n
The absence of functioning telephone lines and a proper communication system have left insolvency practitioners unable to order files or consult with estate controllers, says Ren\u00e9 Bekker, head of operations at the South African Restructuring and Insolvency Practitioners Association.<\/p>\n
\u201cThis situation is causing significant disruption to the administration of insolvent estates. While we remain committed to being part of the solution, we are not being kept informed of proposed changes that directly affect our members and the public,\u201d she notes.<\/p>\n
Read:<\/p>\n
Johannesburg Master\u2019s Office: Claims of corruption and incompetence<\/p>\n
In a stakeholders\u2019 WhatsApp group, Gascoigne says attorneys and other stakeholders are more than prepared to engage. \u201cUnless the Minister and the Chief Master show a real interest in stabilising this branch of the Department of Justice, this relationship is going to continue to deteriorate.\u201d<\/p>\n
#Stakeholders #demand #stability #Masters #offices<\/p>\n","protected":false},"excerpt":{"rendered":"
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