| (1) |
A trustee may, on the application of the Master or any person having an interest in the trust property, at any time be removed from his office by the court if the court is satisfied that such removal will be in the interests of the trust and its beneficiaries. |
| (2) |
A trustee may at any time be removed from his office by the Master— |
| (a) |
if the person becomes disqualified to be authorised as a trustee in terms of section 6(1A); or |
| (b) |
if the trustee fails to give security or additional security, as the case may be, to the satisfaction of the Master within two months after having been requested to do so by the Master, or within a further period that is allowed by the Master; or |
| (c) |
if the trustee’s estate is sequestrated or liquidated or placed under judicial management; or |
| (d) |
if the trustee has been declared by a competent court to be mentally ill or incapable of managing their own affairs or if the trustee is by virtue of the Mental Health Care Act, 2002 (Act No. 17 of 2002), detained as a patient in an institution or as a State patient; or |
| (e) |
if the trustee fails to perform satisfactorily any duty imposed upon the trustee by or under this Act or to comply with the requirements of this Act or any lawful request of the Master. |
[Section 20(2) substituted by section 8 of the General Laws (Anti-Money Laundering and Combating Terrorism Financing) Amendment Act, 2022 (Act No. 22 of 2022), GG47802, dated 29 December 2022 - effective 1 April 2023 per Proclamation Notice 109(b), GG47805, dated 31 December 2022]
| (3) |
If a trustee authorised to act under section 6(1) is removed from his office or resigns, he shall without delay return his written authority to the Master. |
Intergovernmental Relations Framework Act, 2005
