Londile and Another v Bikwe and Others (1640/2014) [2025] ZAECMHC 63 (27 June 2025)

Londile and Another v Bikwe and Others (1640/2014) [2025] ZAECMHC 63 (27 June 2025)

The court found that the Commission failed to prove its authority to investigate the claim, as there was no evidence of a properly lodged claim or compliance with the prescribed procedures under Section 21 of the Framework Act. The respondents did not provide the necessary lodgment documents or demonstrate that internal remedies were exhausted before referral to the Commission. Furthermore, the applicants were not afforded adequate notice or a fair hearing, violating the requirements of procedural fairness under PAJA and the Constitution. The Premier's decision was based on misinformation regarding the existence and proper referral of the claim. Consequently, the administrative actions...

Citation
[2025] ZAECMHC 63
Parties
Applicant: Gcinilizwe Londile; Applicant: Amatolandile Royal Family; Respondent: Pollen Sibongiseni Bikwe; Respondent: Eastern Cape Provincial Committee on Traditional Leadership Disputes and Claims; Respondent: Commission for Traditional Leadership Disputes and Claims; Respondent: Member of the Executive Council Responsible for the Local Government and Traditional Affairs (Eastern Cape); Respondent: The Premier Eastern Cape Province; Respondent: Minister of Co-operative Governance and Traditional Affairs; Respondent: Superintendent-General: Department of Local Government and Traditional Affairs (Eastern Cape); Respondent: Amatolandile Traditional Council
Court
Eastern Cape High Court, Mthatha
Jurisdiction
South Africa
Judgment Date
27 June 2025
Case Number
1640/2014
Procedural Posture
Review Application / Judgment
Outcome
Application granted; the recommendations of the Commission, the Premier's decision, and the MEC's advice are reviewed and set aside. Costs awarded to applicants.
Judges
M Mhambi
Legal Topics
Traditional Leadership Disputes, Procedural Fairness, Review of Administrative Action, Customary Law Application, Internal Remedies Exhaustion
Administrative Law Land and Property Traditional Leadership Disputes Procedural Fairness Review of Administrative Action Customary Law Application Internal Remedies Exhaustion

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Parties

Gcinilizwe Londile

Applicant

Amatolandile Royal Family

Applicant

Pollen Sibongiseni Bikwe

Respondent

Eastern Cape Provincial Committee on Traditional Leadership Disputes and Claims

Respondent

Commission for Traditional Leadership Disputes and Claims

Respondent

Member of the Executive Council Responsible for the Local Government and Traditional Affairs (Eastern Cape)

Respondent

The Premier Eastern Cape Province

Respondent

Minister of Co-operative Governance and Traditional Affairs

Respondent

Superintendent-General: Department of Local Government and Traditional Affairs (Eastern Cape)

Respondent

Amatolandile Traditional Council

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the Commission had authority or jurisdiction to entertain the dispute without a properly lodged claim.
  2. 2 Whether the claim was lodged within the prescribed time as set out in Section 25(4)(a) read with Section 25(5) of the Framework Act, 2009.
  3. 3 Whether the provisions of Section 21 of the Traditional Leadership and Governance Framework Act were complied with.

Ratio Decidendi

The court found that the Commission failed to prove its authority to investigate the claim, as there was no evidence of a properly lodged claim or compliance with the prescribed procedures under Section 21 of the Framework Act. The respondents did not provide the necessary lodgment documents or demonstrate that internal remedies were exhausted before referral to the Commission. Furthermore, the applicants were not afforded adequate notice or a fair hearing, violating the requirements of procedural fairness under PAJA and the Constitution. The Premier's decision was based on misinformation regarding the existence and proper referral of the claim. Consequently, the administrative actions...

Court Disposition

Application granted; the recommendations of the Commission, the Premier's decision, and the MEC's advice are reviewed and set aside. Costs awarded to applicants.

Orders

  • The applicants’ late filing of the review application is condoned.
  • The recommendations of the Commission sustaining the claim of the first respondent as Senior Chief or Senior Traditional Leader and head of Amatolandile Traditional Council, Tsolo, are reviewed and set aside.