Jantjie and Others v Jantjie and Others (1317/2019) [2021] ZANCHC 26 (4 June 2021)

Jantjie and Others v Jantjie and Others (1317/2019) [2021] ZANCHC 26 (4 June 2021)

The court found that the Premier of the Northern Cape failed to act fairly and equitably by not processing the traditional leadership dispute as required by the 2013 court order and relevant legislation. The Premier's office should have referred the dispute to the Commission for inquiry and acted on the recommendations. The applicants and their attorneys also failed to properly invoke the relevant statutory provisions to facilitate resolution. The court rejected the respondents' argument that section 12 of the Framework Act was applicable, holding that the dispute concerned legitimacy, not removal. The court declined to invoke Rule 42(1)(c), finding no error in the original settlement...

Citation
[2021] ZANCHC 26
Parties
Applicant: Motheo Jantjie; Applicant: Batlhaping Ba Phuduhutswana (Jantjie) Royal Family; Applicant: Tlamelo Matthews Lekwa; Applicant: Gaotimanwe Timothy Lekwa; Applicant: Olehile Michael Bodumele; Applicant: Kgopisho Setungwane; Applicant: Dmanner; Respondent: Kgosienewang Emmanuel Jantjie; Respondent: Ba-Ga Jantjie Traditional Council Manyeding; Respondent: Premier of the Northern Cape; Respondent: Chairperson: NC House of Traditional Leaders; Respondent: MEC: Cooperative Governance, Human Settlement and Traditional Affairs, NC Province; Respondent: The Commission on Traditional Leadership Disputes and Claims
Court
Northern Cape High Court, Kimberley
Jurisdiction
South Africa
Judgment Date
4 June 2021
Case Number
1317/2019
Procedural Posture
Enforcement Application / Judgment
Outcome
Application granted in part. The Premier of the Northern Cape is ordered to process the dispute within 14 court days and pay 50% of the costs.
Judges
Mamosebo
Legal Topics
Enforcement of Court Orders, Traditional Leadership Disputes, Exhaustion of Internal Remedies, Commission Inquiry, Costs Award
Administrative Law Civil Procedure Enforcement of Court Orders Traditional Leadership Disputes Exhaustion of Internal Remedies Commission Inquiry Costs Award

Case Brief

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Parties

Motheo Jantjie

Applicant

Batlhaping Ba Phuduhutswana (Jantjie) Royal Family

Applicant

Tlamelo Matthews Lekwa

Applicant

Gaotimanwe Timothy Lekwa

Applicant

Olehile Michael Bodumele

Applicant

Kgopisho Setungwane

Applicant

Dmanner

Applicant

Kgosienewang Emmanuel Jantjie

Respondent

Ba-Ga Jantjie Traditional Council Manyeding

Respondent

Premier of the Northern Cape

Respondent

Chairperson: NC House of Traditional Leaders

Respondent

MEC: Cooperative Governance, Human Settlement and Traditional Affairs, NC Province

Respondent

The Commission on Traditional Leadership Disputes and Claims

Respondent

Procedural Posture

Enforcement Application / Judgment

Legal Issues

  1. 1 Whether the Premier of the Northern Cape complied with the 2013 court order to process the traditional leadership dispute.
  2. 2 Whether the respondents were required to lodge the dispute jointly or separately.
  3. 3 Whether the applicants and respondents exhausted internal remedies before approaching the court.

Ratio Decidendi

The court found that the Premier of the Northern Cape failed to act fairly and equitably by not processing the traditional leadership dispute as required by the 2013 court order and relevant legislation. The Premier's office should have referred the dispute to the Commission for inquiry and acted on the recommendations. The applicants and their attorneys also failed to properly invoke the relevant statutory provisions to facilitate resolution. The court rejected the respondents' argument that section 12 of the Framework Act was applicable, holding that the dispute concerned legitimacy, not removal. The court declined to invoke Rule 42(1)(c), finding no error in the original settlement...

Court Disposition

Application granted in part. The Premier of the Northern Cape is ordered to process the dispute within 14 court days and pay 50% of the costs.

Orders

  • The Premier of the Northern Cape Province is ordered to process the dispute lodged in terms of the Court Order under Case Number 1234/2013 granted on 25 October 2013 as contemplated in section 59(1)(a)(iii) and (4) of the Northern Cape Traditional Leadership Governance and House of Traditional Leaders Act, 2 of 2007...
  • The Premier of the Northern Cape is ordered to pay 50% of the costs of this application.