1. To the Portfolio Committee March 2006
Chief Masters Report
To the Portfolio Committee
March 2006

2. SERVICE POINT STATISTICS
OFFICE
TOTAL 2004
ESTIMATED TOTAL 2005
% GROWTH
KIMBERLEY
685
1603
134%
PORT ELIZABETH
1784
2374
33%
BISHO
2479
2345
-54%
THOHOYANDO
770
1620
110%
PIETERMARITZBURG
2550
6886
170%
PRETORIA
3928
9098
132%
BLOEMFONTEIN
5545
9554
72%
MAFIKENG
4746
5314
12%
POLOKWANE
4015
8928
122%
GRAHAMSTOWN
2601
2714 4%
UMTATA
6812
10270
51%
DURBAN
14470
  New Office
JOHANNESBURG
9658
CAPE TOWN
1200
2671
123%
37115
87505
136 %
2004:
Reflects the statistics of estates (below R50 000) reported at service points on behalf of the Master, after the implementation of the Moseneke case.
Does not include the estates reported under the Black Administration Act
2005:
Reflects statistics of all estates (below R50 000) reported at service points on behalf of Master, after the implementation of the Bhe case.
The Black Administration Act has been declared unconstitutional and all estates now fall under the supervision of the Master.
It does not reflect an increase of people dying as these statistics were previously part of the Magistrate’s statistics
The dramatic increase is due to the Bhe judgement.
In the main, we are finding that the increase in workload comes about through complaints against wrong allocations and queries from the public.

3. Comparisons YEAR DECEASED BUDGET 2004 82802 112 2005 145335 116
Reasons for the increase in workload:
refer to notes under service point statistics.
reflects the implications of the implementation of the Bhe decision declaring the Black Administration Act unconstitutional . All estates fall now under the supervision of the Master.
This includes the service point statistics.
There might even be an increase next year as some Magistrates continued to issue appointments under the Black Administration Act as they were not informed in time of the Bhe decision.

4. Comparisons
YEAR
INSOLVENCY
2004
5944
2005
4741

5. Growth in the Guardian’s Fund
Annual Growth in Funds
B/F 01/04/2002
2002/03 %
2003/04
2004/05
Gauteng (Pretoria)
R ,669,689
R ,292,906
25.2%
R ,401,860
31.9%
R ,840,986
16.8%
KwaZulu-Natal (Pietermaritzburg)
R ,917,945
R ,491,424
20.9%
R ,369,153
26.7%
R ,365,029
19.7%
Eastern Cape (Grahamstown)
R ,444,649
R ,568,464
78.5%
R ,703,377
R ,639,018
24.8%
Free State (Bloemfontein)
R ,424,571
R ,456,360
22.0%
R ,721,359
28.2%
R ,153,861
14.8%
Western Cape (Cape Town)
R ,640,201
R ,187,756
16.2%
R ,021,021
14.4%
R ,490,023
7.6%
Northern Cape (Kimberley)
R ,154,082
R ,703,993
10.0%
R ,331,666
30.2%
R ,406,537
12.0%
Total
R 1,446,251,137
R ,700,903
26.0%
R ,548,436
27.5%
R ,895,454
17.3%
R 1,821,952,040
R 2,322,500,476
R 2,723,395,930
No of Payments
% of Total
KwaZulu-Natal (Pietermaritzburg)
6795
31%
Eastern Cape (Grahamstown)
4271
19%
Freestate (Bloemfontein)
3649
17%
Gauteng (Pretoria)
3012
14%
Northern Cape (Kimberley)
2259
10%
Western Cape (Cape Town)
1968 9%
Total (5½ months)
21954
100%
Analysis note:
GROWTH:
The Guardian’s Fund is currently standing at ±R3,5m, which is an increase of 29% in the last year. (Final figures can not be provided, as the GF is busy balancing their books for the end of the financial year)
This constitutes an increase of 142% since 1/4/2002!
This increase may be an indication of the following:
People are dying at a younger age, leaving heirs who are still minors – therefore the money is deposited into the GF
As the bulk of the deposits comes from National Treasury, being Pension Benefits payable after death – it may be an indication that Public Servants are not educated to know how to deal with their Pension Benefits at time of death
People not leaving wills indicating what should happen to the inheritance of a minor heir- therefore any cash inheritance must be deposited into the GF
Because of the Moseneke and BHE-decisions, the Master is now dealing with more Black Estates. More Black people are coming into the formal economy, having pension benefits etc, but are not informed properly how to deal with these assets in a will etc. And because the intestate succession act is now applicable – their minor children will inherit in stead of the family member who would have inherited i.t.o the Black Administration Act previously-meaning that the money will be deposited into the GF.
Further concerns are:
1)Most of the beneficiaries in the GF do not have biological parent looking after them, either because both are already dead, or the surviving parent is untraceable by the family.
2)Claims for maintenance etc are being lodged by family members looking after the minors who are not appointed as their legal guardians
3) The shows also that more and more minor children are left without parents/legal guardian’s to help protect their interests
4)The Master does not have the capacity to trace beneficiaries – which means that if money is deposited for a minor, and the person looking after the minor is not aware thereof, no financial support can be given to such a child, as we only the advertise the unclaimed funds after it became claimable at normally age 21.
NO PAYMENTS:
If looking at the number of payments made in each of the offices during 2005 in comparison with the size of the fund in every office – it needs to be clarified.
The offices with the bigger funds (eg. Pretoria) are paying out maintenance once every six months for instance, while the smaller office like Kimberley, is paying out maintenance monthly, thus more frequently.

6. Current Staffing 997 683 314 32% Total Staff Permanent Temporary
Total Staff
Permanent
Temporary
% of Temp staff
Chief Master's Office 45 26 19
42%
Nelspruit 6
Johannesburg 89 52 37
Pretoria
286
216 70
24%
Cape Town
127
102 25
20% PE 15 11 4
27%
Grahamstown 63 18
29%
Bisho 10 8 2
Bloemfontein 67 43 24
36%
Kimberley
21%
Pietermaritzburg
166 94 72
43%
Thohoyandou
33%
Polokwane 17 14 3
18%
Mafikeng 38 32
16%
Mthatha 7
64%
Durban 21
66%
Totals
997
683
314
32%

7. Issues Requiring Attention

8. Issues Requiring Attention
Physical Structure
Location of our Offices
Proper Accommodation
Appropriate Aesthetics
Organizational Structure
Right Sized establishments
Communication
Establishment of the Office of the Chief Master
Building Capacity
Remove uncertainty of temps
- Master’s Academy

9. Issues Requiring Attention
Service Point Management
Clustering
Focus on our Core Business
Support the vulnerable!
Compliance vs. People focus
Shared Services
Guardian’s Fund
Reform
Legislation – Curatorships, estates & rescues
Policies – focus on the vulnerable
Procedures & Directives
Benchmarks & Blueprints
Unsound Human Resources Practices

10. Issues Requiring Attention
Stakeholder Management
Civil Society, Traditional & Religious Leaders
Legal Profession
Legal Aid Board
Banks & Trust Companies
Social Welfare entities

11. Weesheer
System had its origin in the early days of the Cape Colony,  when it was ruled by the DEIC.
An "Orphan  Chamber" was set up to look after the interests of widows and  orphans, and to see that they were not cheated of their  inheritance, and to protect the interests of creditors in  deceased or insolvent estates.
In 1827 the "Master of the Orphan Chamber" or "Orphan Master" (Dutch: Weesheer) became known as the  "Master of the Supreme Court, and more recently Master of the  High Court.