discretion on a misdirection on the material facts or on wrong principles of law.[1] Following this approach, I am of the view that this Court should not interfere with the exercise by the High Court of its discretion in this regard. The estate is a small one and much of the work of administration has already been done by Mr Kolver and will not have to be repeated. It is also quite possible that Mr Gory himself may be appointed as executor, thereby keeping the additional costs to a minimum. On balance, therefore, it would seem that the interests of the estate and the beneficiaries will be served by the removal of Mr Kolver as executor. This will render it necessary to reformulate paragraphs 9.1 and 9.2 of the High Court order so as to suspend the administration of the deceased estate pending the appointment of a new executor by the Master.
[58] Paragraph 10 of the High Court order deprived Mr Kolver of entitlement to remuneration for his services in connection with the administration of the deceased estate and to reimbursement for expenses incurred. In my opinion, the High Court did exercise its discretion unjudicially in this regard in that its decision was not based on substantial reasons.[2] Mr Kolver may have been insensitive, lacking in tact and closed-minded in his dealings with Mr Gory. Nonetheless, the High Court’s conclusion that he was “obstructive and tried his best to steamroller the administration of the estate through on a basis that the applicant’s claim be negated” failed to give
- ↑ See National Coalition for Gay and Lesbian Equality v Minister of Home Affairs above n 20 at para 11; Mabaso v Law Society, Northern Provinces, and Another 2005 (2) SA 117 (CC); 2005 (2) BCLR 129 (CC) at para 20; S v Basson 2005 (12) BCLR 1192 (CC) at para 110; Giddey NO v JC Barnard and Partners CCT 65/05, 1 September 2006, as yet unreported at para 19; South African Broadcasting Corporation Limited v The National Director of Public Prosecutions and Others CCT 58/06, 21 September 2006, as yet unreported at paras 39 and 41.
- ↑ See for example Ex parte Neethling and Others 1951 (4) SA 331 (A) at 335D–E.
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