This may be as good as a Master’s office gets in South Africa

Lawyers and legal staff familiar with the Bloemfontein Master’s Office are more upbeat about this vital legal institution in their city than the attorneys and clients GroundUp has spoken to at other major Master’s Offices in Pretoria, Johannesburg and Nelspruit. Photo: Justin Brown

• Unlike the major Master’s offices GroundUp has reported on, the Bloemfontein office appears to be adequately resourced, according to sources close to the office.
• However, files have been known to be misplaced resulting in months of delays.
• “I’m quite satisfied with how things are functioning, especially compared to what I have heard about other Master’s Offices,” a lawyer told GroundUp.

Lawyers and legal staff familiar with the Bloemfontein Master’s Office are more upbeat about this vital legal institution in their city than the attorneys and clients GroundUp has spoken to at other major Master’s Offices in Pretoria, Johannesburg and Nelspruit, which are beset with backlogs, incompetence and allegations of corrupt practices.

The Master of the High Court oversees key legal functions, including curatorships, deceased estates, insolvencies, trusts and the Guardian’s Fund.

Litigation secretary in the estates department for Bezuidenhouts Inc, Leana Scholtz, told GroundUp that the Bloemfontein Master’s Office gives a “quite good” service.

“As the estates department, we deal with the Master directly up to three times a week at their offices. We generally have a good standing with the Master’s Office,” said Scholtz.

“When it comes to getting back to us after we have submitted documents, the turnaround time is not that bad concerning any queries, or in issuing letters of authority or letters of executorship.”

Unlike other Master’s Offices, especially Mbombela, which local practitioners say is under-resourced and understaffed, Bloemfontein appears adequately resourced, with staff who are properly qualified, according to Scholtz.

“It is critical to do proper follow-ups [on queries] and establish proper relationships,” Scholtz said.

“Try to be a bit more civil with them, and you’ll get quite a bit out of them.”

Scholtz said the filing system seems to be fine, but “sometimes we find something is missing”.

She said officials generally do not return phone calls but communicate by email.

Webber Attorneys associate Tanya Earle told GroundUp in an email that the Bloemfontein Master’s Office was often busy and that turnaround times can be lengthy.

She said sometimes the office misplaced files, resulting in a wait extending for months to peruse a file, obtain the necessary documents, or discuss the matter with the estate controller or assistant master.

“Sometimes we wait up to four months for a letter of authority, which is unacceptable,” Earle said.

“Staff are not always helpful or friendly, and there is generally no clear indication of how long feedback will take,” she said.

When it comes to communication, Earle wrote that the staff of the Bloemfontein Master’s Office almost never answer telephone calls or respond to e-mails, which means attorneys need to go to the office in person.

A lawyer, who wished to stay anonymous and who was familiar with the Bloemfontein Master’s Office, said it had a high-functioning trust department.

“Sometimes we obtain a letter of authority within a week. I’m quite satisfied with how things are functioning, especially compared to what I have heard about other Master’s Offices.”

The lawyer said the assistant masters were “quite eager to help in sorting out issues”, and the office was quite good at meeting its set turnaround times.

The lawyer said there was a more collegial environment, while attorneys in Pretoria and Johannesburg were burning bridges by filing mandamus applications.

In the Free State, they “catch more flies with honey”, they said. “You can have such a great relationship with the people working on your documents. They give us Sotho names and teach us how to speak Sotho.”

Department responds

The Department of Justice and Constitutional Development (DOJ) acknowledged there were 126 master’s office vacancies nationwide, but was unable to provide the total number of staff employed to put this in context.

Spokesperson Samuel Modipane said National Treasury’s cost-containment directives issued in August 2023 and June 2024 limited the ability to fill or create funded posts.

The department acknowledged varying backlog levels, particularly at the Pretoria, Johannesburg and Mbombela offices, but said it was still quantifying the precise backlog and consolidating the statistics. Some offices had identified “workflow pressures”, particularly in sections dealing with trust administration.

“The ongoing transition toward a digitised environment forms a central component of the broader modernisation programme,” said Modipane.

On the issue of a culture of “runners” who help their clients jump the queue, a practise that has emerged because of the backlogs and delays at the Pretoria, Johannesburg and Mbombela offices, Modipane said it remained difficult to act against any official in the absence of formal complaints, signed statements or complainants willing to come forward.

“In cases where tangible and actionable allegations are received, or misconduct is witnessed by officials, the matters are referred for internal investigation and disciplinary processes are warranted.”

The DOJ said “runners” are typically engaged by legal practitioners themselves.

“The department is engaging with practitioner organisations to identify appropriate measures to address this practice and promote transparency and fairness in access to services.”

The DOJ said its numerous interventions are yielding gradual improvements, but technology (ICT) enhancements would, in time, fully address existing limitations.

The Master’s Offices targets are set out in the Department’s Annual Performance Plan and include:

• Liquidation and Distribution Accounts in deceased estates must be examined within 21 days from receipt of all required documents.
• Letters of Appointment in deceased estates must be issued within 15 days from receipt of all required documents.
• Guardian’s Fund beneficiaries must receive payment within 30 days of application to the Fund.
• Certificates of Appointment in bankruptcy matters must be issued within 10 days from receipt of all required documents.
• Liquidation and Distribution Accounts in bankruptcy matters must be examined within 15 days from receipt of all required documents.
• Letters of Authority in Trust matters must be issued within 21 days from receipt of all required documents.
• Letters of Appointment in curatorship estates must be issued within 15 days from receipt of all required documents.

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