Dikgale and Others v Premier, Limpopo Province and Others (2422/2018) [2018] ZALMPPHC 68 (22 November 2018)

Dikgale and Others v Premier, Limpopo Province and Others (2422/2018) [2018] ZALMPPHC 68 (22 November 2018)

The court found that the Applicants failed to join the Royal Family, a party with a direct and substantial interest in the dispute, rendering the application fatally defective for non-joinder. The court further held that the Promotion of Administrative Justice Act (PAJA) does not apply to the impugned decision, which was taken in 1995, prior to PAJA's commencement. The Applicants unreasonably delayed bringing the review application, having waited over two decades without adequate explanation. The factual version of the Third Respondent was undisputed, as the Applicants did not file any replying affidavit. On the merits, the court found that the Third Respondent was duly identified and...

Citation
[2018] ZALMPPHC 68
Parties
Applicant: Manee Margaret Dikgale; Applicant: Sehlomola Edward Dikgale; Respondent: Premier, Limpopo Province; Respondent: Member of the Executive Council for Co-operative Governance, Human Settlement and Traditional Affairs; Respondent: Solomon Malesela Dikgale; Respondent: Dikgale Traditional Council; Respondent: Limpopo House of Traditional Leadership; Respondent: Capricorn House of Traditional Leadership
Court
Limpopo High Court, Polokwane
Jurisdiction
South Africa
Judgment Date
22 November 2018
Case Number
2422/2018
Procedural Posture
Review Application / Judgment
Outcome
Application dismissed with costs, including costs of Senior Counsel where employed.
Judges
E M Makgoba
Legal Topics
Chieftainship Dispute, Customary Law Succession, Unreasonable Delay, Non Joinder, Review of Administrative Action
Administrative Law Land and Property Chieftainship Dispute Customary Law Succession Unreasonable Delay Non Joinder Review of Administrative Action

Case Brief

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Parties

Manee Margaret Dikgale

Applicant

Sehlomola Edward Dikgale

Applicant

Premier, Limpopo Province

Respondent

Member of the Executive Council for Co-operative Governance, Human Settlement and Traditional Affairs

Respondent

Solomon Malesela Dikgale

Respondent

Dikgale Traditional Council

Respondent

Limpopo House of Traditional Leadership

Respondent

Capricorn House of Traditional Leadership

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the appointment of the Third Respondent as Senior traditional leader (Kgoshi) of the Dikgale Traditional Community should be reviewed and set aside.
  2. 2 Whether the Second Applicant is entitled to be appointed as Senior traditional leader in terms of customary law and practice.
  3. 3 Whether the application is fatally defective due to non-joinder of the Royal Family.

Ratio Decidendi

The court found that the Applicants failed to join the Royal Family, a party with a direct and substantial interest in the dispute, rendering the application fatally defective for non-joinder. The court further held that the Promotion of Administrative Justice Act (PAJA) does not apply to the impugned decision, which was taken in 1995, prior to PAJA's commencement. The Applicants unreasonably delayed bringing the review application, having waited over two decades without adequate explanation. The factual version of the Third Respondent was undisputed, as the Applicants did not file any replying affidavit. On the merits, the court found that the Third Respondent was duly identified and...

Court Disposition

Application dismissed with costs, including costs of Senior Counsel where employed.

Orders

  • The application is dismissed.
  • The Applicants are ordered to pay the costs of the application, including costs of Senior Counsel where employed.