On 20 October 2023, the Law Society of South Africa (LSSA) appeared before the Portfolio Committee on Justice and Correctional Services to voice legal practitioners’ concerns over the issues experienced at the Master’s office (see ‘Problems at the Master’s office’ 2023 (Nov) DR 3). The LSSA was invited to a further meeting on 24 November 2023.

During the November 2023 meeting, the LSSA proposed in addition to the previous October 2023 recommendations, some short-, medium- and long-term interventions, which would improve service delivery.

Short-term interventions:

• Masters’ offices should be directed to use electronic mail as a channel of communication.
• Annual Performance Plan statistics should be published monthly on the department’s website.
• The turnaround time for letters of authority and examination of liquidation and distribution accounts should be reduced from 21 days to 14 days, and the Guardian’s Fund from 40 days to 30 days.
• Masters’ offices should comply with Chief Master’s Directive 1 of 2023 regarding text (SMS) notifications and provide a link when a letter of authority/executorship/trusteeship is issued, and an e-mail attaching such letter.
• Outstanding requirements for the issuing of letters of authority/executorship/trusteeship must be communicated by the Master’s office, and within a stipulated time frame.
• The issue of incorrect marital status reflected on death certificates should be urgently resolved. The Departments of Home Affairs (DHA) and Justice must engage to resolve it.
• Chief Master’s Directives should follow a consultative process.
• Strict file management procedures must be implemented immediately.
• Chief Master’s Directive 2 of 2017, and particularly the provision relating to the appointment of independent trustees, must urgently be revised.
• The legal profession offered its assistance with clearing backlogs as part of its pro bono and community service obligations. The department and the legal profession can develop a framework in this regard.
• The LSSA would like to be involved in the Ministerial Task Team dealing with the issues at the Master’s office. Its members are at the coalface and can make a meaningful contribution.

Medium-term interventions:

• Every master’s office, including the Office of the Chief Master, should be subjected to a health check to determine its productivity and constraints so that the appropriate action can be taken. This will include an evaluation of staffing, workflow, productivity and output at each master’s office.
• Where legislation constrain service delivery, amendments should be enacted.
• Procedures should be standardised across all masters’ offices.
• There should be greater focus on technology and modernisation.

Long-term interventions: the goal should be to develop a fully automated system that facilitates the electronic uploading of all documents to administer an estate. This would include the submission of reporting documents, liquidation and distribution accounts and all correspondence.

In response to the presentation made by the LSSA, Minister of Justice and Correctional Services, Ronald Lamola, noted that the department is open to collaboration with the LSSA to address issues of service delivery. A memorandum of understanding should be drafted to provide a framework with clear parameters for cooperation, so that there is transparent and effective collaboration and to guard against any corruption.

Acting Chief Master, Penelope Roberts, responded as follows:

• The number of days to issue letters of authority and executorship has been reduced from 21 to 15 working days.
• The letters of appointment contain quick response (QR) codes which can immediately be validated by the banks.
• There is already a system in place where a text message (SMS) is sent to the executor/trustee to inform them of the letters of appointment. The proposal that there should be a link, will be considered.
• Chief Master’s Directives do not change the law but provide policy directions to the various Master’s offices on how they should be dealing with matters. She expressed willingness to engage the profession when issuing these directives.
• Using the post office as a means of communication is problematic. There are pigeonholes for the legal fraternity at most of the Masters’ offices, but the department will revisit its processes to see how the post office issue can be addressed.
• The issue of incorrect marital status reflected on death certificates is indeed a challenge. The difficulty is that marital status can only be changed by the DHA. She agreed to work with the legal profession to address the issue with the DHA.
• She agreed that Directive 2 of 2017 needs to be revised and would welcome the LSSA’s input on how to move forward in this regard.
• The issue of backlogs is being addressed. Regular meetings take place between the various Masters’ offices and the attorneys’ associations in their jurisdictions. The attorneys’ associations send lists of long outstanding matters to the relevant master and these matters are addressed individually. Cases can also be escalated to the Office of the Chief Master.
• She welcomed the offer of pro bono assistance from the legal profession and expressed the need to have an memorandum of understanding to guide the collaboration.

The LSSA will continue to engage with the Master’s office and the Department of Justice, and assist where necessary, so that the office is able is fulfil its mandate.

This article was first published in De Rebus in 2024 (Jan/Feb) DR 3.