Dudumayo and Others v Dalasile and Others (1842/10) [2011] ZAECMHC 8 (26 May 2011)

Dudumayo and Others v Dalasile and Others (1842/10) [2011] ZAECMHC 8 (26 May 2011)

The court found that the respondents were not empowered by law to resolve the dispute over headmanship without referring the matter to the Commission on Traditional Leadership Disputes and Claims, as required by section 25 of the Traditional Leadership and Governance Framework Act. The decision to recognize the first respondent as Inkosana was therefore unlawful and constituted invalid administrative action. The Royal Family's identification of the first applicant as headman was consistent with customary law and the historical succession of the iqadi house. The applicants were entitled to interdictory relief, setting aside the respondents' decision and directing the third respondent to...

Citation
[2011] ZAECMHC 8
Parties
Applicant: Mkhanyiseli Dudumayo; Applicant: Vuyisa Dalasile; Applicant: Tshomane Traditional Council; Respondent: Mhlabunzima Dalasile; Respondent: MEC for Local Government and Traditional Affairs, Eastern Cape; Respondent: The Premier of the Eastern Cape; Respondent: The Chairperson, House of Traditional Leaders, Eastern Cape
Court
Eastern Cape High Court, Mthatha
Jurisdiction
South Africa
Judgment Date
26 May 2011
Case Number
1842/10
Procedural Posture
Review Application / Judgment
Outcome
Application granted. The decision recognizing the first respondent as Inkosana is set aside; interdicts and directions issued as per the orders.
Judges
Z. M. Nhlangulela
Legal Topics
Traditional Leadership Dispute, Customary Law Succession, Administrative Review, Interdict, Commission Referral
Administrative Law Land and Property Traditional Leadership Dispute Customary Law Succession Administrative Review Interdict Commission Referral

Case Brief

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Parties

Mkhanyiseli Dudumayo

Applicant

Vuyisa Dalasile

Applicant

Tshomane Traditional Council

Applicant

Mhlabunzima Dalasile

Respondent

MEC for Local Government and Traditional Affairs, Eastern Cape

Respondent

The Premier of the Eastern Cape

Respondent

The Chairperson, House of Traditional Leaders, Eastern Cape

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the decision to recognize the first respondent as Inkosana of Maphuzi Administrative Area 15A was lawful under the applicable statutes.
  2. 2 Whether the dispute regarding headmanship succession should have been referred to the Commission on Traditional Leadership Disputes and Claims.
  3. 3 Whether the applicants are entitled to interdictory relief and recognition of the first applicant as headman.

Ratio Decidendi

The court found that the respondents were not empowered by law to resolve the dispute over headmanship without referring the matter to the Commission on Traditional Leadership Disputes and Claims, as required by section 25 of the Traditional Leadership and Governance Framework Act. The decision to recognize the first respondent as Inkosana was therefore unlawful and constituted invalid administrative action. The Royal Family's identification of the first applicant as headman was consistent with customary law and the historical succession of the iqadi house. The applicants were entitled to interdictory relief, setting aside the respondents' decision and directing the third respondent to...

Court Disposition

Application granted. The decision recognizing the first respondent as Inkosana is set aside; interdicts and directions issued as per the orders.

Orders

  • The decision of the second and third respondents to recognize the first respondent as Inkosana of Maphuzi Administrative Area 15A, Mqanduli dated 08 June 2010 is set aside.
  • The second and third respondents are interdicted and restrained from taking any further step in effecting the decision to recognize the first respondent as Inkosana of Maphuzi Administrative Area 15A, Mqanduli.