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

Regulations

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

3A. Establishment and maintenance of public register of persons disqualified from serving as trustees

 

(1) The public register that the Master is required to establish and maintain in terms of section 6(1H)(a) of the Act must provide for—

(a) the recording of the—

(i) full names of the disqualified person;
(ii) date on which the person became disqualified in terms of section 6(1A)(d) or (e) of the Act; and
(iii) the court case number relating to the relevant court order contemplated in section 6(1H)(a) of the Act;
(b) adequate measures against loss of information as a result of damage to or failure of the medium on which the information is kept; and
(c) adequate security measures for the protection of the information contained in the register.

 

(2) The register referred to subregulation (1), must be made available to the public—
(a) electronically; or
(b) at any Master's Office during office hours.

 

(3) The Master must update the register referred in subregulation (1) as soon as the Master receives a copy of the order contemplated in section 6(1F) of the Act.

 

(4) A person who is no longer disqualified from being authorised to serve as a trustee must submit a written notice thereof and proof that the grounds for their disqualification no longer exists to the Master.

 

(5) The Master must remove the particulars of the person referred to in subregulation (4) from the register if the Master is satisfied that the grounds for their disqualification no longer exists.

 

[Regulation 3A inserted by section 2 of Notice No. R. 3240, GG48351, dated 31 March 2023 - effective 1 April 2023]