Maluleke v Hlaneki Traditional Council and Others (2505/2017) [2019] ZALMPPHC 48 (15 November 2019)

Maluleke v Hlaneki Traditional Council and Others (2505/2017) [2019] ZALMPPHC 48 (15 November 2019)

The court found that the Premier's recognition of the Third Respondent as senior traditional leader was lawful and in accordance with both the Limpopo Traditional Leadership Act and customary law. The Applicant failed to challenge the original succession decisions for nearly a century and did not follow the...

Source-derived case information.

Citation
[2019] ZALMPPHC 48
Parties
Applicant: Mabulani Julius Maluleke; Respondent: Hlaneki Traditional Council; Respondent: Hlaneki Royal House; Respondent: Mam Hlaneki; Respondent: The MEC: Co-operative Governance, Human Settlements and Traditional Affairs; Respondent: The Premier: Limpopo Provincial Government
Court
Limpopo High Court, Polokwane
Jurisdiction
South Africa
Judgment Date
15 November 2019
Case Number
2505/2017
Procedural Posture
Review Application / Judgment After Hearing
Outcome
Application dismissed with costs, including costs of Senior Counsel.
Judges
Makgoba
Legal Topics
Traditional Leadership Disputes, Judicial Review, Customary Law Succession, Limpopo Traditional Leadership Act, Framework Act, Functus Officio
Administrative Law Land and Property Traditional Leadership Disputes Judicial Review Customary Law Succession Limpopo Traditional Leadership Act Framework Act Functus Officio

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Summary, issues, holding and outcome

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Parties

Mabulani Julius Maluleke

Applicant

Hlaneki Traditional Council

Respondent

Hlaneki Royal House

Respondent

Mam Hlaneki

Respondent

The MEC: Co-operative Governance, Human Settlements and Traditional Affairs

Respondent

The Premier: Limpopo Provincial Government

Respondent

Procedural Posture

Review Application / Judgment After Hearing

Legal Issues

  1. 1 Whether the Premier's recognition of the Third Respondent as senior traditional leader was lawful and in accordance with customary law.
  2. 2 Whether the Applicant's challenge to the succession and recognition was timeous and procedurally valid.
  3. 3 Whether the Applicant had standing or followed the correct procedure to challenge the decision.

Ratio Decidendi

The court found that the Premier's recognition of the Third Respondent as senior traditional leader was lawful and in accordance with both the Limpopo Traditional Leadership Act and customary law. The Applicant failed to challenge the original succession decisions for nearly a century and did not follow the prescribed procedures under the Framework Act, including referral to the relevant commissions. The Applicant's complaint was not timeous, lacked merit, and did not constitute a valid dispute under the applicable legislation. The Royal Family that appointed the Third Respondent was the only legitimate body entitled to do so, and the Premier was obliged to accept its decision. The...

Court Disposition

Application dismissed with costs, including costs of Senior Counsel.

Orders

  • The review application is dismissed.
  • The Applicant is ordered to pay the costs of the application, including costs consequent upon the employment of Senior Counsel.