Dlamini and Another v Chairperson Of The Commission On Traditional Leadership Disputes And Claims and Another (55175/2009) [2009] ZAGPPHC 389 (16 October 2009)

Dlamini and Another v Chairperson Of The Commission On Traditional Leadership Disputes And Claims and Another (55175/2009) [2009] ZAGPPHC 389 (16 October 2009)

The court found that there was no evidence of communication or conduct from the Second Respondent (President) indicating a refusal or reluctance to consider an extension of the commission's term. The urgency claimed by the Applicants was not supported by the correspondence or statutory provisions relied upon. The application was therefore premature, and there was no basis to grant the relief sought. The matter was struck off the roll, and costs were awarded against the Applicants.

Citation
[2009] ZAGPPHC 389
Parties
Applicant: Inkosi Prince Mmelizwe Dlamini; Applicant: The Nhlangwini Traditional Council; Respondent: Chairperson of the Commission on Traditional Leadership Disputes and Claims; Respondent: President of Republic of South Africa
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
16 October 2009
Case Number
55175/2009
Procedural Posture
Urgent Application / Application to Strike Matter Off the Roll
Outcome
Application struck off the roll with costs awarded against the Applicants.
Judges
Phatudi
Legal Topics
Traditional Leadership Disputes, Mandate Extension, Urgency, Striking Off the Roll
Administrative Law Traditional Leadership Disputes Mandate Extension Urgency Striking Off the Roll

Case Brief

Summary, issues, holding and outcome

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Parties

Inkosi Prince Mmelizwe Dlamini

Applicant

The Nhlangwini Traditional Council

Applicant

Chairperson of the Commission on Traditional Leadership Disputes and Claims

Respondent

President of Republic of South Africa

Respondent

Procedural Posture

Urgent Application / Application to Strike Matter Off the Roll

Legal Issues

  1. 1 Whether the application for extension of the First Respondent's mandate is urgent.
  2. 2 Whether the Applicants or First Respondent engaged the Second Respondent (President) for extension prior to the application.
  3. 3 Whether the absence of communication from the Presidency creates an impression of refusal to extend the mandate.

Ratio Decidendi

The court found that there was no evidence of communication or conduct from the Second Respondent (President) indicating a refusal or reluctance to consider an extension of the commission's term. The urgency claimed by the Applicants was not supported by the correspondence or statutory provisions relied upon. The application was therefore premature, and there was no basis to grant the relief sought. The matter was struck off the roll, and costs were awarded against the Applicants.

Court Disposition

Application struck off the roll with costs awarded against the Applicants.

Orders

  • The application is struck off the roll.
  • The Applicants are ordered to pay the Second Respondent's costs on a party and party scale, including the costs of two counsel.