Administration of Estates Act, 1965 (Act No. 66 of 1965)

Chapter I: Administrative Provisions

2. Appointment of Masters, Deputy Masters and Assistant Masters
Purchase cart Previous page Return to chapter overview Next page

 

(1)Subject to sub-section (2) and the laws governing the public service, the Minister—
(a)shall appoint a Chief Master of the High Courts, who shall, as such, be the executive officer of the Master’s offices and exercise such supervision over all the Masters as may be necessary in order to bring about uniformity in their practice and procedure;
(b)shall, in respect of the area of jurisdiction of each High Court, appoint a Master of the High Court; and
(c)may, in respect of each such area, appoint one or more Deputy Masters of the High Court and one or more Assistant Masters of the High Court, who may, subject to the control, direction and supervision of the Master, do anything which may lawfully be done by the Master.

 

(1A)The Minister may appoint a person as Master, Deputy Master or Assistant Master in respect of the area of jurisdiction of more than one High Court.

 

(2)No person shall be appointed as Master, Deputy Master or Assistant Master of a High Court unless he or she has passed the diploma juris examination or an examination deemed by the Minister for the Public Service and Administration to be equivalent thereto, or has before the commencement of this Act held a substantive appointment as a Master or Assistant Master of the Supreme Court: Provided that whenever a Master, Deputy Master or Assistant Master of a High Court is because of absence or for any other reason unable to carry out the functions of his or her office or whenever such office becomes vacant, the Minister may authorise any officer in the public service to act in his or her place during his or her absence or incapacity or to act in the vacant office until the vacancy is filled, as the case may be.

 

(3)[Section 2 (3) deleted by section 2 of Act 20 of 2001].

 

(4)The Minister may delegate any power conferred on him or her by this section, to the Director-General: Justice or a deputy director-general in the Department of Justice.