Justice and correctional services minister Ronald Lamola is confident the backlog in the master’s office — which accumulated during the Covid-19 pandemic and as a result of a September 2021 cyberattack — will be cleared by the end of December.
The master’s office supervises the administration of deceased estates and delays in issuing letters of executorship, letters of authority to trustees, and the approval of liquidation and distribution accounts in deceased estates, can have significant financial consequences for heirs in need.
It is also responsible for insolvent estates and the registration of trusts, tutors and curators. It further administers the Guardian's Fund which receives and manages money on behalf of people who are legally incapable or do nor have the capacity to manage their own affairs.
Lamola told DA MP George Michalakis in June that there were 29,803 letters of executorship and letters of authority outstanding before March 1 2022 and 9,102 trust registrations/appointments outstanding. The Johannesburg office had reported a backlog of 12,000 items of post.
Replying to a further question on Wednesday in the National Council of Provinces by Michalakis, Lamola said the office would work overtime to clear the backlog by the end of December.
“It will however be noted that this target can only be achieved in an enabling and stable work environment,” he said. “We are beginning to see improvement but not at the pace that is satisfactory and we have registered that with the chief master. We have encouraged that employees should work overtime to address some of these challenges and backlogs.”
Making use of new technology would ensure expeditious processing and ensure that the backlog would not build up again, Lamola added.
Lamola insisted that the backlog had risen as a result of Covid-19 challenges and the hacking of the system, to which Michalakis replied: “We cannot forever blame Covid-19 and the hacking of the master’s office IT system. The system deficiencies at the master’s office have also been highlighted as one of the contributory factors to the threat of greylisting by the FATF (Financial Action Task Force).”
FATF, an international body that sets standards for the combating of money laundering and terrorism financing has highlighted deficiencies in SA’s regulatory regime that if not addressed by its February meeting could result in SA being greylisted with severe consequences for its economy and financial sector.
Lamola said he is convinced government would be able to respond to the concerns raised by FATF. He said the government would submits a bill to respond to the Trust Property Control Act that was flagged by the FATF. The omnibus General Laws (Anti-Money Laundering and Combating Terrorism Financing) Amendment Bill, which was approved by cabinet last week, contains amendments to the Trust Property Control Act as well as four other acts.
On the implementation of the recommendations of the Zondo commission of inquiry into state capture, Lamola said consideration was being given to the creation of a multidisciplinary structure that conforms with the United Nations conventions on corruption, a judgment of the Constitutional Court and the Zondo commission recommendations.
Civil litigation to review the findings of the commission would not hinder the criminal investigations and prosecutions being undertaken by the Hawks and the National Prosecuting Authority (NPA), Lamola said. “No amount of litigation will delay the work of the law enforcement agencies,” he said.
“The DPCI [Directorate for Priority Crime Investigation, also known as the Hawks] and the NPA had to gather evidence independently of the commission. Any litigation on the findings of the commission does not impact on the work that the law enforcement agencies have already done in gathering evidence, in investigations and in their decisions. They will soldier on and do the criminal leg of the investigations and of the prosecutions.”
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