Introduction  Mr Garreth Prince, the appellant, wishes to become an attorney. He has satisfied all the academic requirements for admission as such. He stated that the use of cannabis was inspired by his Rastafari religion.
Introduction  This application concerns a charitable trust, known as the Scarbrow Bursary Fund Testamentary Trust the trustwhich was established in terms of the will of the late Dr Edmund William Scarbrow the testatorwho died in The validity of these provisions of the will is being challenged in this application.
The second applicant is the university. Syfrets Trust Limited Syfretsin its capacity as trustee of the trust, is the first respondent. The Master has been cited as the nominal second respondent.
Both respondents abide the decision of the court. By order of this court, granted on 10 SeptemberAdv Heunis SC was appointed as curator ad litem to potential beneficiaries of the class referred to in the will.
He submitted a full report and also addressed written as well as oral argument to the court in support of the contested provisions of the will. The court is indebted to him for his assistance in this regard. I direct that the several amounts of the bursaries, the students to be awarded the same and the periods for which they shall respectively be entitled to hold and receive the same shall be in the sole discretion and control of the Council or other governing body of the University of Cape Town.
Subsequently, in and respectively, both his sons died without leaving lawful issue, thus causing the Scarbrow Bursary Fund to be established in terms of the provisions of the will and codicil.
Inhowever, the council of the university decided, by reason of the discriminatory conditions contained in the will, that it could not accept the duty of administering the bursaries in question and informed the trustee of An argument against the validity of the ontario education act decision.
In the result, the role reserved in the will for the council, that of administering the bursaries and selecting the recipients, has since that time been performed by Syfrets in its capacity as trustee of the trust. At the hearing before me, the curator sought to bring a counter application for amendment of the clause in question so as to regularise this position.
In the light of the conclusion reached on the main application, however, it is not necessary to consider this aspect. The minister accordingly addressed correspondence to Syfrets, requesting them to consider excluding the criteria relating to race, gender and religion for potential applicants in the light of the constitutional protection of equality.
Syfrets, in its response, did not attempt to justify or defend the discriminatory conditions in any way. It indicated, nonetheless, that the principle of freedom of testation precluded it from deviating from or varying the wishes of a testator as contained in a will, unless a court order compelled it to do so.
The minister also approaches this court in the public interest. His locus standi to bring this application is thus not in issue. The university claims that it has been unable to fulfil this role by reason of the perceived discriminatory nature of the conditions in the will.
It also has an interest because it is students of the university who are prohibited from applying for the bursary by virtue of their race, gender or religion. Issues  The applicants claim an order, deleting the discriminatory provisions in the will.
They contended that this court is empowered to grant such remedy on any one or more of the following grounds: In his report, the Master referred to the principle of freedom of testation and stated that these types of trusts are quite common.
He referred, in conclusion, to various passages from Corbett et al The Law of Succession in South Africa 2ed 47, The arguments in support thereof will be examined in more detail below.
The only question for them is which particular provisions will survive scrutiny and which will not. Corbett et al, Op cit The future holds out the prospect of a testamentary condition attaching to the taking effect of a testamentary benefit or the continuation of one, as under a trust, being wiped out on a constitutional ground.
Assuming that it holds good on other counts, for instance certainty, a condition could possibly be invalid, for example, as prohibiting marriage not within a specified faith, race or nationality; or preventing conversion from, or requiring conversion to, a particular faith; or attaching restrictions of a racial or sexual or political nature on the utilization of a benefit.
See also Du Toit Thesis Thus, although separate, these grounds do not fall into impermeable compartments. In what follows, I shall attempt to show that the contested provisions in the will in question are indeed contrary to public policy and, as such, unenforceable.
He pointed out that this common law principle lies at the core of our law of succession. He referred in this context inter alia to Corbett et al, Op cit n2 This suggested principle has not yet been authoritatively recognised by our courts, although it enjoys support from some of the learned authors on the subject.
I am prepared, for purposes of this judgment, to accept the correctness of such view without making any firm finding to that effect. Insofar as the testator is concerned even assuming that he can still at this stage be the bearer of rights in respect of propertyAs to which, see para below.
Having had full and unfettered use, enjoyment and exploitation of his property during his lifetime, the testator upon his death chose to dispose of his property by leaving it in trust to the appointed trustee.
The present application does not seek to alter that state of affairs.Scientific tests show that high-antioxidant foods can bolster resistance to damage from the ultraviolet light that promotes sunburn, wrinkles and skin cancer.
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