<\/p>\n
One of the busiest offices of the Master of the High Court will remain without a head of office until November, and potentially beyond that, leaving it without a permanent head for half the year.<\/p>\n
The Johannesburg Attorneys\u2019 Association (JAA) threatened to approach Minister of Justice and Constitutional Development Mmamoloko Kubayi directly in order to obtain stability and secure an appointment.<\/p>\n
When their urgent request remained unanswered by Monday (21 September), they approached the minister directly.<\/p>\n
Read: Stakeholders demand stability in Master\u2019s offices<\/p>\n
Katherine Gascoigne, heading the Master\u2019s Office portfolio at the JAA, sent a letter to Acting Chief Master and Acting Director-General of Justice Kala Pillay more than a week ago \u2013 pleading for an appointment to be made as a matter of urgency.<\/p>\n
Gascoigne says they have received no response from Pillay.<\/p>\n
In her letter she expressed surprise and disappointment that the vacancy had not been considered earlier.<\/p>\n
Currently there isn\u2019t even an acting master in the position. Gascoigne previously pointed out that this is the second time in less than a year that the Johannesburg office has been without a master.<\/p>\n
Impacting ordinary people<\/p>\n
When Pillay was appointed \u2013 more than a year ago \u2013 she faced up to the fact that the Offices of the Master were buckling under several challenges and deficiencies.<\/p>\n
Read: Six months on and Joburg Master\u2019s Office is no better<\/p>\n
The functions of the Master\u2019s Office impact the lives of millions of South Africans on a daily basis.<\/p>\n
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CONTINUE READING BELOW<\/p>\n
These functions include:<\/p>\n
The administration of deceased estates and insolvent persons;
\nThe protection of the interests of minors and legally incapacitated persons;
\nSupervision of the administration of companies and close corporations; and
\nThe appointment of executors, trustees, curators and liquidators.<\/p>\n
A major deficiency is outdated legislation, acknowledged by Pillay shortly after her appointment. She has also been appointed as acting Director-General, giving her the power to address these challenges.<\/p>\n
Work in progress<\/p>\n
From the response to Moneyweb\u2019s questions relating to progress with the outdated legislation, it appears to still be a work in progress.<\/p>\n
Ministerial spokesperson Palesa Rammitlwa says the Draft Regulation of Trusts Bill was published for public comment in August.<\/p>\n
\u201cRather than amending the Trust Property Control Act, the Bill proposes to repeal and replace it entirely with a modern framework governing the creation, administration and supervision of trusts.\u201d<\/p>\n
The public comment period closed on 11 September, and the bill is now expected to be revised before formal introduction to parliament.<\/p>\n
In addition, the Administration of Estates Act has undergone \u201ctargeted modernisation\u201d, but is in the process of being reviewed in totality.<\/p>\n
The most recent amendments came into operation in April 2024. \u201cFurther policy directives are still being developed, indicating that the review process remains ongoing.\u201d<\/p>\n
More work in progress<\/p>\n
Then there is work on insolvency reform, which has been under way for many years.<\/p>\n
\u201cA comprehensive Unified Insolvency Bill was developed following extensive research and consultation, with the objective of consolidating personal and corporate insolvency laws into a single modern statute,\u201d says Rammitlwa.<\/p>\n
Read: Is this the worst Master\u2019s Office in SA?<\/p>\n
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Although detailed draft legislation and explanatory reports have been prepared, the proposed new insolvency legislation has not yet been enacted and the current Insolvency Act remains in force.<\/p>\n
It appears that fixing the broken and outdated information and communication technology system is also a work in progress.<\/p>\n
\u201cWork is underway to strengthen network stability through the contracted service provider where contracts have been awarded and other interventions which are underway through a Supply Change Management process,\u201d says Rammitlwa in response to a question on the improvements made to the system.<\/p>\n
Joburg not the only problematic office<\/p>\n
Another busy Master\u2019s Office is that of Pretoria.<\/p>\n
The office relocated in May this year and has been without functioning telephone lines ever since. Apparently, staff have been provided with mobile phones and data, but the numbers are not readily available to the general public.<\/p>\n
Read:
Johannesburg Master\u2019s Office: Claims of corruption and incompetence
Johannesburg and Pretoria Masters\u2019 offices still without permanent heads<\/p>\n
The contact numbers listed on the Department of Justice\u2019s website continue to fail.<\/p>\n
Pillay\u2019s progress<\/p>\n
Interventions by Pillay as acting Director-General include:<\/p>\n
Embarking on a work-study process looking at the current Master\u2019s offices, their respective resources, workloads, post establishments and services;
\nExploring collaboration with the private sector to improve \u201cour technological infrastructure\u201d and enable faster, more efficient service delivery;
\nReviewing and streamlining procedures and processes in the Master\u2019s environment to promote consistency and efficiency, while reducing opportunities for misconduct and malpractice; and
\nProcuring laptops and desktops to replace outdated equipment.<\/p>\n
\u201cWe have filled numerous vacancies in offices across the country,\u201d Rammitlwa adds.<\/p>\n
#Johannesburg #Masters #Office #remains #leadership<\/p>\n","protected":false},"excerpt":{"rendered":"
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