Maile and Another v Premier of Limpopo and Others (1743/2018) [2020] ZALMPPHC 54 (25 June 2020)

Maile and Another v Premier of Limpopo and Others (1743/2018) [2020] ZALMPPHC 54 (25 June 2020)

The Premier of Limpopo was statutorily obliged under section 3(4) of the Limpopo Act to make a decision on the application for recognition of the Balepye community as a traditional community within three months of receipt. The Premier failed to comply with this duty, and the delay was not justified by the outcome of the Kgatle commission or any procedural requirement regarding recognition of the traditional leader. The applicants demonstrated a clear right to relief under PAJA for failure to take a decision. The interlocutory application by the respondents to declare the applicants vexatious litigants and for costs was misconceived, as the applicants did not persistently institute...

Citation
[2020] ZALMPPHC 54
Parties
Applicant: Mmankwana Aniekie Maile; Applicant: Balepye Royal Family; Respondent: Premier of Limpopo; Respondent: MEC-Department of Co-operative Governance, Human Settlement and Traditional Affairs, Limpopo; Respondent: Ba-Phalaborwa Local Municipality
Court
Limpopo High Court, Polokwane
Jurisdiction
South Africa
Judgment Date
25 June 2020
Case Number
1743/2018
Procedural Posture
Review Application / Judgment After Hearing of Main and Interlocutory Applications
Outcome
Application for mandamus granted; interlocutory application dismissed.
Judges
GC Muller
Legal Topics
Mandamus, Failure to Take Decision, Promotion of Administrative Justice Act, Traditional Leadership Recognition, Vexatious Litigation, Costs Orders
Administrative Law Civil Procedure Mandamus Failure to Take Decision Promotion of Administrative Justice Act Traditional Leadership Recognition Vexatious Litigation Costs Orders

Case Brief

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Parties

Mmankwana Aniekie Maile

Applicant

Balepye Royal Family

Applicant

Premier of Limpopo

Respondent

MEC-Department of Co-operative Governance, Human Settlement and Traditional Affairs, Limpopo

Respondent

Ba-Phalaborwa Local Municipality

Respondent

Procedural Posture

Review Application / Judgment After Hearing of Main and Interlocutory Applications

Legal Issues

  1. 1 Whether the Premier of Limpopo failed to take a decision on the application for recognition of the Balepye community as a traditional community within the statutory period.
  2. 2 Whether the applicants are entitled to a mandamus compelling the Premier to make a decision under section 3(4) of the Limpopo Traditional Leadership and Institutions Act.
  3. 3 Whether the respondents' interlocutory application to declare the applicants vexatious litigants and for costs is justified.

Ratio Decidendi

The Premier of Limpopo was statutorily obliged under section 3(4) of the Limpopo Act to make a decision on the application for recognition of the Balepye community as a traditional community within three months of receipt. The Premier failed to comply with this duty, and the delay was not justified by the outcome of the Kgatle commission or any procedural requirement regarding recognition of the traditional leader. The applicants demonstrated a clear right to relief under PAJA for failure to take a decision. The interlocutory application by the respondents to declare the applicants vexatious litigants and for costs was misconceived, as the applicants did not persistently institute...

Court Disposition

Application for mandamus granted; interlocutory application dismissed.

Orders

  • The Premier of Limpopo is ordered to make a decision as envisaged by section 3(4) of the Limpopo Traditional Leadership and Institutions Act, Act 6 of 2005, in respect of the application for recognition by the Balepye community dated 16 June 2017, within one month from the date of service of this order on the State...
  • Each party is to pay its own costs in respect of the main application.