Curbing the Abuse of the Trust Form: The Inclusion of Penalty and Prohibition Provisions as well as Compulsory Audits in the Trust Property Control Act 57 of 1988
Author: L Manie
Affiliations: LLB LLM LLD (UWC), Senior lecturer, Department of Private Law, University of the Western Cape
Source: Stellenbosch Law Review, Volume 31 Issue 2, 2020, p. 297 – 314
The abuse of the trust form has become prevalent in recent times. As a consequence our courts have relied on other branches of law to find remedies to assist third parties who contract with trusts. This article analyses some of these remedies, as well as amendments to the Trust Property Control Act which could provide assistance in combating the abuse of the trust form. There are, however, certain remedies which should continue being developed by our courts.