After almost two years, the much-awaited report into the probe of allegations of impropriety, maladministration and abuse of power at the Master of the High Court Office will be out in two weeks.
This is according to a government gazette, Legal Notice Number 104 of 2005 released this week, which directs that the appointed commission shall submit its probe report and recommendations not later than November 14.
The gazette also stipulates that the report shall be made public.
This comes after almost two years of public agony as people waited for the report to be released after Chief Justice (CJ) Bheki Maphalala, in January last year, heeded the calls made during Sibaya the previous year to investigate the operations of the Master of the High Court.
That was when the CJ put in place a Judicial Commission of Inquiry to look into alleged irregularities and corrupt practices within the master’s office, which had seen some beneficiaries suffering for years while they failed to access millions of Emalangeni left by their loved ones.
Some of the funds that form part of the estates of deceased individuals were alleged to have been stolen by officers of the master of the High Court to the prejudice of the beneficiaries.
The alleged moot operations of the master’s office were also one of the thorny issues submitted during Sibaya, such that a call for the overhaul of that office was made by various speakers. The speakers described the office of the master of the High Court as incompetent and operating like a fiefdom. Others alleged that instead of getting help, each time they went there, they were met with hostility and resistance from the officers.
The CJ’s move brought relief that all this was about to change as beneficiaries and members of the public were likely to get the much sought after relief through the commission.
The commission that will deliver the report consists of five judges and was headed by Supreme Court Judge Majahenkhaba Dlamini, who was deputised by High Court Judge Mzwandile Fakudze.
Notably, Judge Dlamini is a former attorney general (AG), while Judge Fakudze was the deputy AG. Other members of the commission were Industrial Court Judge President Sifiso Nsibande, High Court Judge Maxine Langwenya, Industrial Court Judge Lorraine Hlophe and its secretary was Deputy Supreme Court Registrar Siphiwo Masuku, who is also a lawyer by profession.
On the lap of the commission were a number of issues, which included the persistent and continued negative reports about the alleged improprieties, maladministration and abuse of power at the office of the Master of the High Court.
Announcement
The CJ, when making the announcement, highlighted that during Sibaya, a number of issues, which included corruption and alleged irregularities at the master’s office were been raised. He said as per the country’s Constitution of 2005, it was at Sibaya where decisions were taken.
He mentioned that the office of the master of the High Court was established in terms of the Administration of Estates Act No.28 of 1902 and was responsible for the administration of deceased estates and the winding up of companies. He also highlighted that in terms of Section 160 (2) of the Constitution, the JSC was responsible for the appointment of the master of the High Court and the supervision of the activities of the office of the master of the High Court.
“The office of the master of the High Court must be managed and operated in accordance with the highest standards of ethics, integrity and efficiency, so that the governance and operational decisions are beyond reproach and the administration of estates of deceased persons and the winding up of companies are conducted in accordance with the law,” he said then.
The CJ added that there were persistent and continued negative reports about alleged improprieties and abuse of power at the office of the master of the High Court.
He advised that the veracity of the alleged improprieties be investigated properly and corrective measures adopted to stabilise and restore public confidence in the office.
