Lawyers and fiduciary practitioners in Nelspruit say the Mbombela Master’s Office at the Mpumalanga High Court is in a ‘crisis’. (Photo: Justin Brown) Lawyers and fiduciary practitioners in Nelspruit say the Mbombela Master’s Office is in a “crisis” and they want the Department of Justice and Constitutional Development to intervene urgently.
Mbombela Attorneys Association chairperson Annelien de Kock told GroundUp that major backlogs, insufficient resources and staff, and a shortage of properly qualified personnel had led to a “crisis” at the office.
“It is not being resolved. It is a big frustration,” said De Kock.
The Master of the High Court oversees key legal functions, including curatorships, deceased estates, insolvencies, trusts and the Guardian’s Fund.
De Kock said the situation at the Mbombela Master’s Office has been “unacceptable” for a long time.
She said that in discussions the Mbombela Master had previously conceded a lack of human resources, insufficient budget and a long-term backlog.
To address this, the association and its members had offered their services pro bono to acting Chief Master Kalayvani Pillay and Minister of Justice and Constitutional Development Mmamoloko Kubayi to help clear the backlog. They had not received a response.
The justice department told GroundUp in January that the Mbombela office has about 45 staff. However, the Mbombela Attorneys Association believes the figure is closer to 15.
“We believe that this is the main reason there are numerous complaints,” said De Kock.
Systemic inefficiencies
Paul Roos at Executrust Fiduciary Services, which provides estate planning and administrative services in Nelspruit, said: “Something big needs to happen to get this office back on track. It is going from bad to worse. It is dire.”
In an email response to GroundUp, Nelspruit-based law firm Christo Smith Attorneys said the “overall level of service delivery remains deeply concerning”.
The firm said there were some extremely dedicated and competent individuals at the office, but the current situation suggested “systemic inefficiencies”.
Delays caused by the Master’s Office had left their clients criticising the firm’s service.
“In the administration of deceased estates, these delays have serious real-world consequences. Beneficiaries are left waiting for months, and in some cases years, for estates to be finalised. This causes significant financial and emotional strain for families who are already dealing with loss,” said Christo Smith Attorneys.
The firm said it had at times been forced to approach the high court for relief by way of a mandamus application, to compel the Master’s Office to act in the ordinary administration of estates, an extraordinary step that should be unnecessary.
A local source, who wished to remain anonymous, said: “Service is poor or nonexistent. It’s a non-functioning office, possibly the worst in the country. There is a total lack of commitment.”
De Kock said her association, which represents about 270 attorneys, had written to the justice department in September last year, requesting urgent intervention.
“Practitioners and members of the public have for years endured delays, lack of accountability and ineffective administration of matters such as deceased estates and insolvent estates,” read the letter to Kubayi.
De Kock said people requiring assistance from the Master’s Office are already in a vulnerable position – for example, following the loss of a breadwinner or the insolvency of a company.
In April 2025, in a submission to the Portfolio Committee on Justice and Constitutional Development, the Mbombela Attorneys Association complained about the office persistently missing turnaround times which caused significant disruptions.
“Sometimes it takes weeks to ascertain the whereabouts of a file, causing irrecoverable time delays,” the attorney’s association said in its April submission.
Christo Smith Attorneys also told GroundUp that “on more than one occasion we have been required to resubmit documents after being informed that previously lodged originals had been misplaced”.
“Telephone lines are seldom effective, and in-person visits do not always result in meaningful progress,” the law firm said.
The attorney’s association said officials do not respond to emails and telephone lines are often out of service. When lines were in service they were “barely ever answered”.
“We understand that officials may be inundated with various inquiries, but we are of the opinion that it is unacceptable not to respond to correspondence for weeks on end.”
Officials’ mailboxes are often full, so emails bounce.
The association said it often happened that officials did not honour scheduled appointments or were unprepared.
Pandemic rules in force
Attorneys may only visit the office on Monday, Tuesday and Thursday, a Covid pandemic rule that has remained in place. Yet the office is open to the public five days a week.
A source also complained that different officials applied different rules, creating confusion among practitioners.
Earlier this month, the justice department told GroundUp that it was finalising uniform masters’ standard operating procedures to ensure consistent processes across the country, while still allowing Masters to exercise the discretion provided for in legislation.
GroundUp sent the department a list of questions regarding the Mbombela Master’s Office on 13 February. The department acknowledged receipt of the questions on 16 February but did not respond with answers. DM