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Trust Property Control Act, 1988 (Act No. 57 of 1988)

19. Failure by trustee to account or perform duties

 

(1) If any trustee fails to comply with a request by the Master in terms of section 16 or to perform any duty imposed upon the trustee by this Act, trust instrument or by any other law, the Master or any person having an interest in the trust property may apply to the court for an order directing the trustee to comply with the Master's request or to perform the duty.

 

(2) A trustee who fails to comply with an obligation referred to in section 10(2), 11(1)(e) or 11A(1), commits an offence and on conviction is liable to a fine not exceeding R10 million, or imprisonment for a period not exceeding five years, or to both such fine and imprisonment.

 

[Section 19 substituted by section 7 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 as per (c) of Commencement Notice No. R.3241, GG48351, dated 31 March 2023]