Chaane v Chaane and Others (2784/2020) [2025] ZAMPMBHC 41 (16 May 2025)

Chaane v Chaane and Others (2784/2020) [2025] ZAMPMBHC 41 (16 May 2025)

The Court found that all three impugned decisions constituted administrative action under PAJA. The application for review was filed outside the 180-day period prescribed by PAJA, and the Applicant failed to provide a reasonable and detailed explanation for the delay, particularly regarding the earlier decisions of 28 January 2015 and 6 July 2015. The Applicant's reliance on financial hardship was insufficient, as he did not take the Court into his confidence with specifics. The argument that the time bar should only run from the Premier's decision was not pleaded in the founding papers and was unsupported by evidence of internal dispute resolution. The commission had jurisdiction to...

Citation
[2025] ZAMPMBHC 41
Parties
Applicant: Stephen Makoe Chaane; Respondent: Edward Phopolo Chaane; Respondent: Chaane Royal Family; Respondent: Premier of the Mpumalanga Province; Respondent: MEC for Local Governance and Traditional Affairs; Respondent: Chairperson of the House of Traditional Leaders, Mpumalanga; Respondent: Mpumalanga Commission on Traditional Leadership Disputes and Claims
Court
Mbombela High Court, Mpumalanga
Jurisdiction
South Africa
Judgment Date
16 May 2025
Case Number
2784/2020
Procedural Posture
Review Application / Judgment on Merits and Condonation
Outcome
Application dismissed for failure to satisfy requirements for condonation under PAJA.
Judges
H F Fourie
Legal Topics
Promotion of Administrative Justice Act, Traditional Leadership Disputes, Condonation for Late Review, Customary Law Vs Public Law, Jurisdiction of Commissions
Administrative Law Land and Property Promotion of Administrative Justice Act Traditional Leadership Disputes Condonation for Late Review Customary Law Vs Public Law Jurisdiction of Commissions

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 18 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Stephen Makoe Chaane

Applicant

Edward Phopolo Chaane

Respondent

Chaane Royal Family

Respondent

Premier of the Mpumalanga Province

Respondent

MEC for Local Governance and Traditional Affairs

Respondent

Chairperson of the House of Traditional Leaders, Mpumalanga

Respondent

Mpumalanga Commission on Traditional Leadership Disputes and Claims

Respondent

Procedural Posture

Review Application / Judgment on Merits and Condonation

Legal Issues

  1. 1 Whether the decisions of the Third and Sixth Respondents constitute administrative action subject to review under PAJA.
  2. 2 Whether the application for review was instituted within the prescribed timeframes under PAJA and, if not, whether condonation should be granted.
  3. 3 Whether the Applicant has made out a case for the relief sought, including the setting aside of administrative decisions and reinstatement of benefits.

Ratio Decidendi

The Court found that all three impugned decisions constituted administrative action under PAJA. The application for review was filed outside the 180-day period prescribed by PAJA, and the Applicant failed to provide a reasonable and detailed explanation for the delay, particularly regarding the earlier decisions of 28 January 2015 and 6 July 2015. The Applicant's reliance on financial hardship was insufficient, as he did not take the Court into his confidence with specifics. The argument that the time bar should only run from the Premier's decision was not pleaded in the founding papers and was unsupported by evidence of internal dispute resolution. The commission had jurisdiction to...

Court Disposition

Application dismissed for failure to satisfy requirements for condonation under PAJA.

Orders

  • The application is dismissed.
  • The Applicant is ordered to pay the First to Fourth Respondents' costs on a Party and Party Scale, Scale B.