Amandebele-Ba-Lebelo and Another v Kekana and Others (42766/2013) [2014] ZAGPPHC 524 (2 April 2014)

Amandebele-Ba-Lebelo and Another v Kekana and Others (42766/2013) [2014] ZAGPPHC 524 (2 April 2014)

The court found that the applicants are the duly recognised traditional council and leader of the Amandebele-Ba-Lebelo Traditional Community, as established by statutory notices, the Framework Act, and the Gauteng Act. The respondents, including the first and tenth, have no legal recognition or authority to act as traditional leaders or councils in respect of the land. The endorsements on the title deeds were unlawfully effected based on false affidavits and without the knowledge or consent of the Minister as trustee. The court held that only the recognised council and leader may manage, subdivide, or dispose of the land and its proceeds. The respondents' actions constituted obstruction...

Citation
[2014] ZAGPPHC 524
Parties
Applicant: Amandebele-Ba-Lebelo Traditional Council; Applicant: Kgosi Kgomotso Cornelius Kekana; Respondent: Lleka Jacob Kekana; Respondent: Lawrence Tsotetsi; Respondent: John Mathabate; Respondent: Lennox Mogolla; Respondent: Jakes Maleka; Respondent: Robert Mashigo; Respondent: Samuel Chauke; Respondent: The Trespassers on Portion 2 of the Farm Tweefontein 94JR; Respondent: Registrar of Deeds: Pretoria; Respondent: Amandebele-A-Moletlane Tribal Council; Respondent: Setsoalo Mabusela Inc Attorneys; Respondent: R R Mabusela; Respondent: Victor Mabe; Respondent: Minister of Rural Development and Land Reform; Respondent: City of Tshwane Metropolitan Municipality; Respondent: ABSA Bank Limited; Respondent: Lleka Jacob Kekane N.O. (Trustee, IT3083/02); Respondent: David Lethamaga Kekana N.O. (Trustee, IT3083/02)
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
2 April 2014
Case Number
42766/2013
Procedural Posture
Urgent Application / Return Date of Rule Nisi; Confirmation and Final Relief
Outcome
Application granted; rule nisi confirmed; relief granted as per prayers in the notice of motion.
Judges
Avvakoumides
Legal Topics
Traditional Leadership Recognition, Title Deed Endorsement, Customary Law, Declaratory Relief, Trust Property Management, Urgent Interdict
Land and Property Administrative Law Civil Procedure Traditional Leadership Recognition Title Deed Endorsement Customary Law Declaratory Relief Trust Property Management +1 more

Case Brief

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Parties

Amandebele-Ba-Lebelo Traditional Council

Applicant

Kgosi Kgomotso Cornelius Kekana

Applicant

Lleka Jacob Kekana

Respondent

Lawrence Tsotetsi

Respondent

John Mathabate

Respondent

Lennox Mogolla

Respondent

Jakes Maleka

Respondent

Robert Mashigo

Respondent

Samuel Chauke

Respondent

The Trespassers on Portion 2 of the Farm Tweefontein 94JR

Respondent

Registrar of Deeds: Pretoria

Respondent

Amandebele-A-Moletlane Tribal Council

Respondent

Setsoalo Mabusela Inc Attorneys

Respondent

R R Mabusela

Respondent

Victor Mabe

Respondent

Minister of Rural Development and Land Reform

Respondent

City of Tshwane Metropolitan Municipality

Respondent

ABSA Bank Limited

Respondent

Lleka Jacob Kekane N.O. (Trustee, IT3083/02)

Respondent

David Lethamaga Kekana N.O. (Trustee, IT3083/02)

Respondent

Procedural Posture

Urgent Application / Return Date of Rule Nisi; Confirmation and Final Relief

Legal Issues

  1. 1 Whether the applicants are the recognised traditional council and leader entitled to control and manage the land in question.
  2. 2 Whether the endorsements on the title deeds effected by the respondents were lawful and valid.
  3. 3 Whether the first and tenth respondents are entitled to subdivide, develop, occupy, dispose or use the land.

Ratio Decidendi

The court found that the applicants are the duly recognised traditional council and leader of the Amandebele-Ba-Lebelo Traditional Community, as established by statutory notices, the Framework Act, and the Gauteng Act. The respondents, including the first and tenth, have no legal recognition or authority to act as traditional leaders or councils in respect of the land. The endorsements on the title deeds were unlawfully effected based on false affidavits and without the knowledge or consent of the Minister as trustee. The court held that only the recognised council and leader may manage, subdivide, or dispose of the land and its proceeds. The respondents' actions constituted obstruction...

Court Disposition

Application granted; rule nisi confirmed; relief granted as per prayers in the notice of motion.

Orders

  • The rule nisi issued on 17 July 2013 is confirmed.
  • The ABSA account operated in the name of the first, tenth, seventeenth, or eighteenth respondents or the Ingwenyama Royal Trust shall remain frozen pending action by the first applicant.