In 2020, the SIU began a wide-ranging probe in the financial affairs of the Masters Office. In terms of the Proclamation R7 of 2020, the SIU investigated allegations of maladministration in connection with the affairs of the Masters offices, in relation to the following functions of the Masters’ office 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:
- The administration of estates of deceased persons;
- The winding up of estates of insolvent persons;
- The protection and administration of the funds of minors, contractually incapacitated and undermined and absent heirs, which have been paid into the Guardian’s Fund;
- The supervision of the administration of companies and close corporation in liquidation;
- The safeguarding of all documentary material in respect of estates, insolvencies and liquidations;
- The processing of enquiries by executors, attorneys, beneficiaries and other interested parties; and
- The appointment of executors, trustees, curators and liquidators.
The probe also looked into “any losses or prejudice suffered by the Master’s Offices or the State as a result of such maladministration”.
It further looked at the alleged remuneration of fictitious officials or employees at the Master’s offices; appointment of service providers; alleged incurring and unauthorized, irregular or fruitless or 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 the employment contract. Other incidents of maladministration which were subjected to investigations include the appointment of officials or employees at the Masters offices in a manner that was contrary to applicable legislation; as well as alleged irregular procurements.
The Department also commissioned a forensic audit report whose findings, as well as those of the SIU, prompted consequence management.
The Department has, with immediate effect, placed thirteen (13) senior managers and other officials on precautionary suspensions pending the outcome of investigations into allegations of financial irregularities and maladministration in the affairs of the Master of the High Court and Family Law Services.
The suspended officials are:
- Master of the North Gauteng High Court
- Master of the South Gauteng High Court
- Deputy Master of the South Gauteng High Court
- Assistant Master of the North Gauteng High Court
- Master of the High Court Free State
- Assistant Master of the South Gauteng High Court
- Assistant Master of the North Gauteng High Court
- Deputy Master: Master of the South Gauteng High Court
- Accounting Clerk for the Master of the South Gauteng High Court
- Estate Controller for the Master of the South Gauteng High Court
- Assistant Master of the North Gauteng High Court
- Deputy Master of the High Court Free State
- Estate Controller for the Master of the Limpopo Division of the High Court, Polokwane
The internal departmental investigations are continuing, including in the provincial offices, and further actions will be taken where there is evidence of wrongdoing.
The Department has therefore appointed other officials to act in those positions to ensure business continuity of service delivery. Arrangements are being made for swift disciplinary processes to unfold without any undue delay.
Enquiries:
Ms Kgalalelo Masibi
Chief Director: Communication Management
Cell: 065 747 0323
Email: KMasibi@justice.gov.za
Mr Steve Mahlangu
Deputy Director: Media Liaison
Cell: 071 971 0149
Email: StMahlangu@justice.gov.za
