Kobe and Others v Premier of the Limpopo Province and Others (11377/2023) [2024] ZALMPPHC 64 (10 July 2024)

Kobe and Others v Premier of the Limpopo Province and Others (11377/2023) [2024] ZALMPPHC 64 (10 July 2024)

The court found that the requirements for interim relief were satisfied: the applicants established a prima facie right pending the outcome of the Supreme Court of Appeal proceedings, there was a reasonable apprehension of irreparable harm if alternative headman/headwoman were appointed in the disputed villages, and the balance of convenience favoured the applicants. The court dismissed the technical objections raised by the Fourth Respondent, including urgency and non-joinder of the Bahananwa Royal Family, finding no evidence of the existence of such a family and no prejudice to any Royal Family from the order. The joinder of the Fifth to Eighth Respondents was found proper due to their...

Citation
[2024] ZALMPPHC 64
Parties
Applicant: Headman Matome Enos Kobe; Applicant: Molokomme M.D.; Applicant: Monepya M.R.; Applicant: Monyebodi D.E.; Applicant: Morukhu M.A.; Applicant: Phala Andries; Applicant: Kgatla Philip; Applicant: Kubu N.A.; Applicant: Moloko Lebogo; Applicant: Lekgwara M.A.; Applicant: Madibana S.A.; Applicant: Madiope N.A.; Applicant: Barnard Mailula; Applicant: Manaka Caiphus; Applicant: Maboya Elros; Applicant: Maleka N.D.; Applicant: Stephina Pholoba; Applicant: Mantase Theledi; Respondent: Premier of the Limpopo Province; Respondent: Member of the Executive Council for the Limpopo Province Department of Co-operative Governance, Human Settlement and Traditional Affairs; Respondent: Capricorn District Manager, Traditional Affairs; Respondent: Bahananwa Traditional Council; Respondent: Bethuel Maboya; Respondent: Matome Silas Motlapema; Respondent: Mphateng Johannes Molebo; Respondent: Ntome Frans Maela
Court
Limpopo High Court, Polokwane
Jurisdiction
South Africa
Judgment Date
10 July 2024
Case Number
11377/2023
Procedural Posture
Urgent Application / Return Date for Confirmation of Interim Interdict
Outcome
Interim interdict confirmed and made final in respect of specified villages; each party to pay its own costs.
Judges
Bresler
Legal Topics
Interdict Pendente Lite, Joinder, Traditional Leadership, Urgency, Balance of Convenience
Administrative Law Civil Procedure Interdict Pendente Lite Joinder Traditional Leadership Urgency Balance of Convenience

Case Brief

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Parties

Headman Matome Enos Kobe

Applicant

Molokomme M.D.

Applicant

Monepya M.R.

Applicant

Monyebodi D.E.

Applicant

Morukhu M.A.

Applicant

Phala Andries

Applicant

Kgatla Philip

Applicant

Kubu N.A.

Applicant

Moloko Lebogo

Applicant

Lekgwara M.A.

Applicant

Madibana S.A.

Applicant

Madiope N.A.

Applicant

Barnard Mailula

Applicant

Manaka Caiphus

Applicant

Maboya Elros

Applicant

Maleka N.D.

Applicant

Stephina Pholoba

Applicant

Mantase Theledi

Applicant

Premier of the Limpopo Province

Respondent

Member of the Executive Council for the Limpopo Province Department of Co-operative Governance, Human Settlement and Traditional Affairs

Respondent

Capricorn District Manager, Traditional Affairs

Respondent

Bahananwa Traditional Council

Respondent

Bethuel Maboya

Respondent

Matome Silas Motlapema

Respondent

Mphateng Johannes Molebo

Respondent

Ntome Frans Maela

Respondent

Procedural Posture

Urgent Application / Return Date for Confirmation of Interim Interdict

Legal Issues

  1. 1 Whether the interim interdict suspending the appointment and recognition of headman/headwoman in specified villages should be made final pending the outcome of the Supreme Court of Appeal proceedings.
  2. 2 Whether the Bahananwa Royal Family should have been joined as a party to the proceedings.
  3. 3 Whether the Fifth to Eighth Respondents were properly joined to the proceedings.

Ratio Decidendi

The court found that the requirements for interim relief were satisfied: the applicants established a prima facie right pending the outcome of the Supreme Court of Appeal proceedings, there was a reasonable apprehension of irreparable harm if alternative headman/headwoman were appointed in the disputed villages, and the balance of convenience favoured the applicants. The court dismissed the technical objections raised by the Fourth Respondent, including urgency and non-joinder of the Bahananwa Royal Family, finding no evidence of the existence of such a family and no prejudice to any Royal Family from the order. The joinder of the Fifth to Eighth Respondents was found proper due to their...

Court Disposition

Interim interdict confirmed and made final in respect of specified villages; each party to pay its own costs.

Orders

  • The First to Fourth Respondents are interdicted from appointing and recognising any third party as headman/headwoman in respect of the following Bahananwa Villages: Lesfontein, Inveraan, Eldorado, Milbank, Normandy, Slaaphoek, Addney, Varedig, Diepsloot, Balckhill, Leipzig, Glenfirnis, Lemonside, Naairn, Bergendal,...
  • The order does not affect the appointment and recognition of headman/headwoman of other villages under the Bahananwa Traditional Council.