Dear Ms Breytenbach

Good day

Further to our numerous previous emails sent to the Master of the High Court, which regrettably continues to remain unanswered, we write to express our growing concern regarding the delay in receiving the updated Letter of Authority for the Community Trust (“the Trust”).

This ongoing delay is causing significant unease among the host communities and has rendered the Trust unable to fulfil several critical regulatory obligations. Kindly take note of the following implications:

1. Suspension of Bank Account (FICA Non-Compliance)
The Trust’s bank account has been suspended due to non-compliance with the Financial Intelligence Centre Act (FICA). This stems from the absence of officially appointed trustees, as the Master of the High Court has not yet issued the updated Letter of Authority. As a result, the Trust is unable to pass a resolution to authorise new bank signatories. Consequently, the Trust cannot receive dividend payments into its bank account.

2. Tax Return Submission and Potential Penalties
The Trust is also unable to submit its annual tax returns to the South African Revenue Services (SARS). Non-compliance in this regard will attract administrative penalties, further compounding the Trust’s financial and operational constraints.

3. Beneficial Ownership Register (TPCA Compliance)
In terms of the Trust Property Control Act (TPCA), the Trust is required to lodge a beneficial ownership register with the Master of the High Court. However, given the Trust’s current inactive status, this obligation cannot be fulfilled at present.

We urge you to expedite the issuance of the updated Letter of Authority to prevent further non-compliance and reputational risk.

Your prompt attention to this matter is both necessary and greatly appreciated.