Lion and Others v Premier of the North West Province and Others (M353/2017) [2019] ZANWHC 43 (22 August 2019)

Lion and Others v Premier of the North West Province and Others (M353/2017) [2019] ZANWHC 43 (22 August 2019)

The court found that the applicants' review application was filed well outside the 180-day period prescribed by section 7(1) of PAJA, which commenced when the Premier's decision was made known in July 2013. The applicants' argument that they only became aware of the reviewability of recommendations after the Constitutional Court's order was rejected as legally unsound. The Full Court had already determined that both the recommendations of the Commission and the Premier's decision were separate administrative actions subject to review, but the applicants failed to seek review of the Commission's recommendations in their original pleadings. The doctrine of res judicata applied, as the same...

Citation
[2019] ZANWHC 43
Parties
Applicant: Lehlomela Ammanuel Lion; Applicant: Lion Royal Family; Applicant: Bataung Ba Hlalele Traditional Council; Respondent: Premier of the North West Province; Respondent: The Commission of Traditional Leadership Dispute and Claims; Respondent: MEC: Department of Corporate Governance; Respondent: Chairperson: Provincial House of Traditional Leaders North West Province; Respondent: Tsajoa Royal Family; Respondent: David Tsajoa; Respondent: Maboloka Tribal Council
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
22 August 2019
Case Number
M353/2017
Procedural Posture
Review Application / Application for Condonation and Points in Limine
Outcome
Applicants' condonation application dismissed; respondents' condonation application granted; res judicata upheld; costs awarded against applicants.
Judges
Petersen AJ
Legal Topics
Condonation, Res Judicata, Review of Administrative Action, Traditional Leadership Disputes, Promotion of Administrative Justice Act
Administrative Law Civil Procedure Condonation Res Judicata Review of Administrative Action Traditional Leadership Disputes Promotion of Administrative Justice Act

Case Brief

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Parties

Lehlomela Ammanuel Lion

Applicant

Lion Royal Family

Applicant

Bataung Ba Hlalele Traditional Council

Applicant

Premier of the North West Province

Respondent

The Commission of Traditional Leadership Dispute and Claims

Respondent

MEC: Department of Corporate Governance

Respondent

Chairperson: Provincial House of Traditional Leaders North West Province

Respondent

Tsajoa Royal Family

Respondent

David Tsajoa

Respondent

Maboloka Tribal Council

Respondent

Procedural Posture

Review Application / Application for Condonation and Points in Limine

Legal Issues

  1. 1 Whether condonation should be granted for the late filing of the applicants' review application.
  2. 2 Whether the doctrine of res judicata applies to bar the applicants' review application.
  3. 3 Whether the recommendations of the Commission and the decision of the Premier are reviewable administrative actions under PAJA.

Ratio Decidendi

The court found that the applicants' review application was filed well outside the 180-day period prescribed by section 7(1) of PAJA, which commenced when the Premier's decision was made known in July 2013. The applicants' argument that they only became aware of the reviewability of recommendations after the Constitutional Court's order was rejected as legally unsound. The Full Court had already determined that both the recommendations of the Commission and the Premier's decision were separate administrative actions subject to review, but the applicants failed to seek review of the Commission's recommendations in their original pleadings. The doctrine of res judicata applied, as the same...

Court Disposition

Applicants' condonation application dismissed; respondents' condonation application granted; res judicata upheld; costs awarded against applicants.

Orders

  • The application for condonation by the fifth, sixth and seventh respondents for the late filing of their answering affidavit is granted.
  • The point in limine on the doctrine of res judicata is upheld.