LAYING THE FOUNDATION
The court found that these cases address the position where the number of trustees is less than the minimum required in terms of the trust deed. As Cameron JA stated in Parker, where fewer than the specified number of trustees are in office “the trust suffers from an incapacity that precludes action on its behalf”. In this type of situation there can be no question of ratification as the purported action is invalid in the first place. In this matter the prescribed number of trustees was present, so they had capacity to act. The authority issue could thus be cured by ratification.