Komane and Another v Premier: Limpopo Province and Others (6711/2018) [2020] ZALMPPHC 75 (8 September 2020)

Komane and Another v Premier: Limpopo Province and Others (6711/2018) [2020] ZALMPPHC 75 (8 September 2020)

The Court found that neither the First nor the Second Applicant had locus standi to bring the application. The First Applicant was not recognised as a Senior Traditional Leader under the Limpopo Traditional Leadership and Institutions Act, 2005, and did not hold a Certificate of Appointment. The Second Applicant was not a recognised traditional council under the Act. The resolution presented by the Applicants did not confer authority to litigate. Without locus standi, the Applicants could not demonstrate a clear right, which is a prerequisite for a final interdict. The Court granted condonation for the late filing of the Respondents' answering affidavit, finding the explanation reasonable...

Citation
[2020] ZALMPPHC 75
Parties
Applicant: Kgoshi Mohube Philemon Komane; Applicant: Bakone Ba Maanakane Tribal Council; Respondent: Premier: Limpopo Province; Respondent: Geronah Resources (Pty) Ltd; Respondent: Nkwe Platinum South Africa (Pty) Ltd; Respondent: Kgagudi Kenneth Sekhukhune; Respondent: Sekhukhune Tribal Council; Respondent: Kgatledi Letty Komane
Court
Limpopo High Court, Polokwane
Jurisdiction
South Africa
Judgment Date
8 September 2020
Case Number
6711/2018
Procedural Posture
Urgent Application / Final Determination of Application for Interdict and Review
Outcome
Application dismissed with costs.
Judges
E M Makgoba
Legal Topics
Locus Standi, Final Interdict, Traditional Leadership, Condonation of Late Filing
Civil Procedure Land and Property Locus Standi Final Interdict Traditional Leadership Condonation of Late Filing

Case Brief

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Parties

Kgoshi Mohube Philemon Komane

Applicant

Bakone Ba Maanakane Tribal Council

Applicant

Premier: Limpopo Province

Respondent

Geronah Resources (Pty) Ltd

Respondent

Nkwe Platinum South Africa (Pty) Ltd

Respondent

Kgagudi Kenneth Sekhukhune

Respondent

Sekhukhune Tribal Council

Respondent

Kgatledi Letty Komane

Respondent

Procedural Posture

Urgent Application / Final Determination of Application for Interdict and Review

Legal Issues

  1. 1 Whether the First and Second Applicants have locus standi to bring the application.
  2. 2 Whether the Applicants have satisfied the requirements for a final interdict against the Respondents.
  3. 3 Whether condonation should be granted for the late filing of affidavits.

Ratio Decidendi

The Court found that neither the First nor the Second Applicant had locus standi to bring the application. The First Applicant was not recognised as a Senior Traditional Leader under the Limpopo Traditional Leadership and Institutions Act, 2005, and did not hold a Certificate of Appointment. The Second Applicant was not a recognised traditional council under the Act. The resolution presented by the Applicants did not confer authority to litigate. Without locus standi, the Applicants could not demonstrate a clear right, which is a prerequisite for a final interdict. The Court granted condonation for the late filing of the Respondents' answering affidavit, finding the explanation reasonable...

Court Disposition

Application dismissed with costs.

Orders

  • The application is dismissed with costs.