Maakane and Others v Premier of the North-West Province and Others (2715/2010) [2011] ZANWHC 29 (23 June 2011)

Maakane and Others v Premier of the North-West Province and Others (2715/2010) [2011] ZANWHC 29 (23 June 2011)

The court found that the term of office for the Traditional Council expired on 24 September 2010 and was not extended by the retrospective amendments to the NFA. The legislative intent was not to prolong the term of councils elected in 2005 but to align future councils with the term of the National House of Traditional Leaders. The applicants failed to establish a clear right to remain in office beyond the expiry date and did not satisfy the requirements for a final interdict. Furthermore, the court held that the applicants had an alternative remedy available through a Rule 53 review, which would allow for proper ventilation of all relevant issues. Consequently, the application for...

Citation
[2011] ZANWHC 29
Parties
Applicant: Raleie Tshepo Robert Maakane; Applicant: Josia Lekoane; Applicant: Daniel M Modisanyane; Applicant: Billy Meshak Molotsane; Applicant: Motlalepule Yvonne Mathebe; Applicant: Wonder Dimakatso Mosina; Applicant: Lesley Frederick Kgobane; Applicant: Margaret Mamotseku Sikwane; Applicant: Ezekiel Omphile Maake; Applicant: Amanda P Nthadi; Applicant: Benson Lesego Maakane; Respondent: The Premier of the North West Province; Respondent: Mr J Moloto; Respondent: The Royal Family of the Bapo Ba Mogale Community; Respondent: The North West House of Traditional Leaders; Respondent: The Member of the Executive Committee of the North West Provincial Government Responsible for Local Government and Traditional Affairs
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
23 June 2011
Case Number
2715/2010
Procedural Posture
Review Application / Judgment
Outcome
Application dismissed with costs on an attorney and client scale, including costs for two counsel.
Judges
R D Hendricks
Legal Topics
Traditional Leadership, Review of Administrative Action, Final Interdict, Term of Office, Constitutional Alignment
Administrative Law Civil Procedure Traditional Leadership Review of Administrative Action Final Interdict Term of Office Constitutional Alignment

Case Brief

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Parties

Raleie Tshepo Robert Maakane

Applicant

Josia Lekoane

Applicant

Daniel M Modisanyane

Applicant

Billy Meshak Molotsane

Applicant

Motlalepule Yvonne Mathebe

Applicant

Wonder Dimakatso Mosina

Applicant

Lesley Frederick Kgobane

Applicant

Margaret Mamotseku Sikwane

Applicant

Ezekiel Omphile Maake

Applicant

Amanda P Nthadi

Applicant

Benson Lesego Maakane

Applicant

The Premier of the North West Province

Respondent

Mr J Moloto

Respondent

The Royal Family of the Bapo Ba Mogale Community

Respondent

The North West House of Traditional Leaders

Respondent

The Member of the Executive Committee of the North West Provincial Government Responsible for Local Government and Traditional Affairs

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the applicants' term of office as members of the Traditional Council expired on 24 September 2010 or was extended by legislative amendments.
  2. 2 Whether the applicants are entitled to a final interdict preventing the holding of elections for a new Traditional Council.
  3. 3 Whether the applicants have established grounds for review and declaratory relief regarding the termination of their membership.

Ratio Decidendi

The court found that the term of office for the Traditional Council expired on 24 September 2010 and was not extended by the retrospective amendments to the NFA. The legislative intent was not to prolong the term of councils elected in 2005 but to align future councils with the term of the National House of Traditional Leaders. The applicants failed to establish a clear right to remain in office beyond the expiry date and did not satisfy the requirements for a final interdict. Furthermore, the court held that the applicants had an alternative remedy available through a Rule 53 review, which would allow for proper ventilation of all relevant issues. Consequently, the application for...

Court Disposition

Application dismissed with costs on an attorney and client scale, including costs for two counsel.

Orders

  • The application is dismissed with costs on an attorney and client scale, including the costs occasioned by the employment of two counsel.