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The purpose of the elaborate scheme is not starkly evident in all respects, but one must assume that the legislature had some rational object in view when it adopted it. The loan was advanced to assist the first respondent in setting up a franchise outlet business. That to me seems to give rise to an issue between the first respondent and Primi Piatti. The application is postponed sine die. Who might do the waiving, and on what authority, do not appear to have been considered.

They held that the provision directly prohibited a trustee within the meaning of the Act from doing anything in that capacity unless authorised thereto in writing by the Master. It assumes the existence of a validly constituted Board. As discussed in this judgment, it is evident from the provisions of the statute that the trust so established is a trust in the wide, rather than in the narrow or strict sense of the term. The Trust is a sui generis juristic person established in terms of a statute.

The provisions concerning the appointment of trustees are detailed.

But according to the budget and appropriations committee, the two projects were outside the mandate of the county. It is governed by a board of trustees under the Chairmanship of the director-general of the dti. The applicant is given leave to supplement its replying papers to deal more fully with the authority challenge raised by the respondents in respect of the institution of these proceedings. Any absence of authority is amenable to rectification by means of ratification. The centre of excellence for bright and needy girls follows the model of Starehe Girls Centre and is among Governor Cornel Rasanga's pet projects.

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Counsel for the first second and fourth respondents, however, opposed any such course. The actual decision-making process that was followed in this respect is not clearly explained, however, in the body of the affidavit.

The possibility of such a transaction taking place in given circumstances was something that was contemplated in terms of the co-operation agreement. The focus is on regional and community development to energise enterprise growth. The claim lies against the first respondent for payment of the balance allegedly owed in terms of a loan agreement.

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Thus, when there is an excess of trustees above what the statute permits, it may be, depending on the facts, that none of them could have been validly appointed. The mere acknowledgement in the franchise agreement of the existence of the co-operation agreement did not give rise to any rights by the respondents in terms of the co-operation agreement. There are other requirements that have to be satisified in the constitution of the Board. The franchise business was established pursuant to a franchise agreement entered into between the first respondent and a food business chain known as Primi Piatti.

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As the argument is one that may still be pursued in the principal case, I do not propose to go into it in any detail. Group and Entrepreneurial Schemes, focuses on enterprise development and synergistic partnership formation to leverage offerings.

The terms on which that commitment was made were integrated in a co-operation agreement concluded between the applicant and Primi Piatti. In such circumstances one does not get to examining the qualifications of individual members.

What is the National Empowerment Fund? Rural and Community Development Fund that supports growth and development in rural economies by financing sustainable businesses. The limitation on numbers has fiscal implications at the very least because the remuneration of trustees is liable to be funded, at least in part, recently divorced women dating by parliamentary appropriations. Strategic Projects Fund that is informed by government strategies and aims to support the government economic growth strategy.

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National Empowerment Fund Act

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The applicant was not a party to the franchise agreement and the respondents were not privy to the co-operation agreement. Legally, it does not exist.