Kama and Others v Kama and Another (1357/2005) [2007] ZAECHC 115 (6 September 2007)

Kama and Others v Kama and Another (1357/2005) [2007] ZAECHC 115 (6 September 2007)

The court found that the respondents were in contempt of the interim interdicts granted on 4 and 5 June 2005. The evidence established beyond reasonable doubt that the ceremony held was a traditional 'Ukhuzo' ceremony, not merely a religious event as claimed by the respondents. The respondents' version was found to be contrived and not bona fide. The court held that Xhosa custom recognises only one form of 'Ukhuzo', which, while now influenced by Christianity, retains its essential traditional character. The respondents' attempt to distinguish between religious and traditional ceremonies was rejected. The court further held that the interpretation of the court orders clearly prohibited...

Citation
[2007] ZAECHC 115
Parties
Appellant: Nondwendwe Kama; Appellant: Mkhululi Kama; Appellant: Dumalisile Ngcuka; Appellant: Mlandeli Kobe; Respondent: Nombulelo Anoria Kama; Respondent: Amagqunukwebe Tribal Authority
Court
High Courts - Eastern Cape
Jurisdiction
South Africa
Judgment Date
6 September 2007
Case Number
1357/2005
Procedural Posture
Civil Appeal / Full Bench Appeal From High Court Judgment; Appeal Against Finding of Contempt of Court
Outcome
Appeal dismissed with costs. Respondents' attorneys not entitled to charge fees for unnecessary inclusion of documents in the appeal record.
Judges
X. M. Petse, T. J. M. Paterson
Legal Topics
Contempt of Court, Interdict, Customary Law, Interpretation of Court Orders
Civil Procedure Contempt of Court Interdict Customary Law Interpretation of Court Orders

Case Brief

Summary, issues, holding and outcome

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Parties

Nondwendwe Kama

Appellant

Mkhululi Kama

Appellant

Dumalisile Ngcuka

Appellant

Mlandeli Kobe

Appellant

Nombulelo Anoria Kama

Respondent

Amagqunukwebe Tribal Authority

Respondent

Procedural Posture

Civil Appeal / Full Bench Appeal From High Court Judgment; Appeal Against Finding of Contempt of Court

Legal Issues

  1. 1 Whether the respondents were in contempt of the court orders granted on 4 and 5 June 2005.
  2. 2 Whether the ceremony held by the respondents constituted a breach of the interdict.
  3. 3 Whether the court a quo correctly interpreted and applied the principles of contempt of court.

Ratio Decidendi

The court found that the respondents were in contempt of the interim interdicts granted on 4 and 5 June 2005. The evidence established beyond reasonable doubt that the ceremony held was a traditional 'Ukhuzo' ceremony, not merely a religious event as claimed by the respondents. The respondents' version was found to be contrived and not bona fide. The court held that Xhosa custom recognises only one form of 'Ukhuzo', which, while now influenced by Christianity, retains its essential traditional character. The respondents' attempt to distinguish between religious and traditional ceremonies was rejected. The court further held that the interpretation of the court orders clearly prohibited...

Court Disposition

Appeal dismissed with costs. Respondents' attorneys not entitled to charge fees for unnecessary inclusion of documents in the appeal record.

Orders

  • The appeal is dismissed with costs.
  • The appellants' attorneys shall not be entitled to charge their clients any fees occasioned by the unnecessary inclusion of 137 pages in the appeal record.