Gopane and Others v Premier of the North West Province and Another (M202/15) [2015] ZANWHC 71 (12 November 2015)

Gopane and Others v Premier of the North West Province and Another (M202/15) [2015] ZANWHC 71 (12 November 2015)

The court held that it is not competent to set aside the Premier's recognition of the second respondent as Kgosigadi in interim proceedings, as such relief would be final in effect and should be left to the review court. The applicants failed to establish a prima facie right to the interim relief sought, particularly regarding the removal and reinstatement of headmen, as the facts were disputed and not all headmen were shown to have been removed. The claim that prescription applies to chieftainship was rejected, as such claims do not constitute a 'debt' under the Prescription Act. The court found that the applicants had not joined all members of the Royal family, who have a direct legal...

Citation
[2015] ZANWHC 71
Parties
Applicant: Dikgetsi Isaac Gopane; Applicant: William Ditlhake; Applicant: Kgomotso Ishmael Sebogodi; Applicant: Difako Titus Naane; Applicant: Elias David Mokgatlhe; Applicant: Keorapetse Robert Makgotlho; Applicant: Fistos Rasefemo Senosi; Applicant: Felix Ramoatlhodi Senne; Applicant: Mvuleni Richard Xabanisa; Applicant: Israel Sebogodi; Respondent: Premier of the North West Province; Respondent: Kereeditse Lillian Gopane
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
12 November 2015
Case Number
M202/15
Procedural Posture
Urgent Application / Interim Relief Pending Review
Outcome
Application for interim relief largely dismissed; limited interdict granted against constituting a traditional council.
Judges
A A Landman
Legal Topics
Traditional Leadership, Interim Interdict, Customary Law, Joinder, Prescription Act, Constitutionality
Administrative Law Land and Property Traditional Leadership Interim Interdict Customary Law Joinder Prescription Act Constitutionality

Case Brief

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Parties

Dikgetsi Isaac Gopane

Applicant

William Ditlhake

Applicant

Kgomotso Ishmael Sebogodi

Applicant

Difako Titus Naane

Applicant

Elias David Mokgatlhe

Applicant

Keorapetse Robert Makgotlho

Applicant

Fistos Rasefemo Senosi

Applicant

Felix Ramoatlhodi Senne

Applicant

Mvuleni Richard Xabanisa

Applicant

Israel Sebogodi

Applicant

Premier of the North West Province

Respondent

Kereeditse Lillian Gopane

Respondent

Procedural Posture

Urgent Application / Interim Relief Pending Review

Legal Issues

  1. 1 Whether the Premier's recognition of the second respondent as Kgosigadi should be set aside pending review.
  2. 2 Whether the removal of certain applicants as headmen was lawful and warrants interim reinstatement.
  3. 3 Whether the respondents should be interdicted from constituting a traditional council for the community.

Ratio Decidendi

The court held that it is not competent to set aside the Premier's recognition of the second respondent as Kgosigadi in interim proceedings, as such relief would be final in effect and should be left to the review court. The applicants failed to establish a prima facie right to the interim relief sought, particularly regarding the removal and reinstatement of headmen, as the facts were disputed and not all headmen were shown to have been removed. The claim that prescription applies to chieftainship was rejected, as such claims do not constitute a 'debt' under the Prescription Act. The court found that the applicants had not joined all members of the Royal family, who have a direct legal...

Court Disposition

Application for interim relief largely dismissed; limited interdict granted against constituting a traditional council.

Orders

  • Paragraph 49.3 of the answering affidavit is struck out.
  • The respondents' application to strike out pages 257 to 300 of the papers is dismissed.