Masupha v Masupha (C of A (CIV) 41 of 2015) [2016] LSCA 1 (29 April 2016)

Masupha v Masupha (C of A (CIV) 41 of 2015) [2016] LSCA 1 (29 April 2016)

The King's approval of the respondent's succession to the chieftainship, as published in Government Notice No 37 of 2001, is valid and binding until set aside on review. Therefore, the appellant cannot succeed to the chieftainship while the notice remains in force, regardless of his claim to be first in line under the Act.

Citation
[2016] LSCA 1
Parties
Appellant: Makoae Masupha; Respondent: Molefi Libe Masupha
Court
Court of Appeal
Jurisdiction
Lesotho
Judgment Date
29 April 2016
Case Number
C of A (CIV) 41 of 2015
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Succession to Chieftainship, Effect of King's Approval, Review of Administrative Action
Source Language
English
Chieftainship Law Customary Law Succession to Chieftainship Effect of King's Approval Review of Administrative Action

Case Brief

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Parties

Makoae Masupha

Appellant

Molefi Libe Masupha

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the appellant is entitled to succeed to the chieftainship of Sefikeng Ha Fako under the Chieftainship Act, 1968
  2. 2 Whether the King's approval of the respondent's succession can be ignored or set aside without review

Ratio Decidendi

The King's approval of the respondent's succession to the chieftainship, as published in Government Notice No 37 of 2001, is valid and binding until set aside on review. Therefore, the appellant cannot succeed to the chieftainship while the notice remains in force, regardless of his claim to be first in line under the Act.

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed with costs.
  • The judgment and order of the court a quo is replaced with: 'The order made by magistrate is set aside and it is declared that while Government Notice No 37 of 2001 (exhibit D1) remains in force, the appellant, Makoae Masupha is not entitled to succeed to the area chieftainship of Sefikeng Ha Fako in the district of...