and all such moneys shall be held by the Master in the Guardian’s Fund for account of the rightful owners.
(5) The statement forwarded in terms of paragraph (a) of subsection (4) shall indicate in relation to each
account—
(a) the full names of the depositor and, if he at any time furnished any registration particulars, such
particulars; and
(b) the last-known address of the depositor; and
(c) the amount standing to the credit of the depositor; and
(d) any reference number relating to such account, including any past reference number.
(6) Subject to any other law, a deposit-receiving institution shall be entitled to destroy its records relating to
any account referred to in a statement forwarded in terms of subsection (4) after a period of five years has elapsed
from the date the money in that account was forwarded to the Master.
101 Banking of moneys in Guardian’s Fund
All moneys paid to the Master under any law, for the purpose of being placed to the credit of the Guardian’s
Fund, shall be paid into an account with a commercial bank registered under the Banking Act [Chapter 24:20] and
the Master may withdraw any part of such moneys by cheques or drafts signed by himself and drawn in
accordance with regulations made in terms of section one hundred and thirty-two.
[Section amen ded by section 82 of Act 9 of 1999.]
102 Payment to persons entitled to money
(1) (1) Subject to this section, the Master shall pay any sum of money standing to the credit of any person or
estate in the Guardian’s Fund to the person entitled by law to receive the money.
(2) Where any sum of money in the Guardian’s Fund is standing to the credit of a minor, a mentally
disordered or intellectually handicapped person, an absent person or to any estate, the Master may pay the tutor,
curator or administrator of that minor, person or estate, as the case may be, such amount as the tutor, curator or
administrator is by law authorized or required to expend in relation to the minor, person or estate concerned:
Provided that, if the Master is satisfied that the tutor, curator or administrator will invest and apply the money
in the best interests of the minor, person of estate concerned, the Master may pay him the whole sum standing to
the credit of the minor, person or estate concerned, subject to such conditions as the Master thinks fit to impose
relating to the investment and application of the money and the submission of accounts and reports by the tutor,
curator or administrator.
(3) If a tutor, curator or administrator to whom any money has been paid in terms of the proviso to subsection
(2) fails to comply with any condition imposed by the Master in terms of that proviso, the Master may require him
to repay the money, or the balance of it, into the Guardian’s Fund and the tutor, curator or administrator shall
forthwith comply with any such requirement.
[Section as amended by section 4 of Act 22 of 2001].
103 Application of moneys to education of minor
(1) In any case in which the total amount standing to the credit of any minor or mentally disordered or
defective person in the Guardian’s Fund does not exceed one thousand dollars, it shall be competent for the
Master if, after careful inquiry, it appears to him to be for the interest of such minor or mentally disordered or
defective person to do so to pay and apply the whole or any part of such amount for the maintenance, education or
other benefit of such minor or mentally disordered or defective person:
Provided that nothing in this section or in section one hundred and two contained shall authorize the Master
to disregard or act contrary to the terms of any will or other deed under which such amount has been received.
(2) In cases where the total amount exceeds one thousand dollars and it appears to be in the best interests of a
minor child that moneys to his credit should be expended for the maintenance and education of the said child, the
Master may through the chamber book apply to a judge in chambers, who may authorize the payment of such
amounts or make such other order as he may in the circumstances deem advisable.
104 List of moneys in Guardian’s Fund to be published
(1) After the 30th April in each year the Master shall cause to be drawn up —
(a) a list of all amounts of one hundred dollars or more held by him which have become due as at the
preceding 31st March to persons who by law are entitled to claim them but have failed to do so; and
(b) a list of all amounts of one hundred dollars or more received by him in that year in accordance with
section ninety-nine or one hundred or any other enactment which have not been claimed by the rightful
owner.
(2) The Master shall, in accordance with subsection (3), publish a notice in the Gazette of every amount
shown on the list referred to in paragraph (a) or (b) of subsection (1) and, in respect of every such amount of two
hundred and fifty dollars or more which has not been claimed by the rightful owner, shall thereafter publish such
notice for the next three succeeding years.
(3) A notice in terms of subsection (2) shall—
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