Mamadi and Another v Premier Limpopo Province and Others (4052/2018) [2020] ZALMPPHC 97 (26 November 2020)

Mamadi and Another v Premier Limpopo Province and Others (4052/2018) [2020] ZALMPPHC 97 (26 November 2020)

The court found that the applicants failed to establish locus standi and that the genealogy and succession they relied upon were not supported by credible evidence. The Kgatla Commission's findings, accepted by the Premier, established that the house of Matshopa is not entitled to the chieftaincy of the Mamadi Traditional Community. The application was riddled with material disputes of fact, which the applicants should have anticipated. The applicants elected to proceed by motion despite these disputes, and their request to refer the matter to oral evidence was made too late and was not justified by prospects of success. The court held that the proper procedure would have been to proceed...

Citation
[2020] ZALMPPHC 97
Parties
Applicant: Madidimalo Kilson Mamadi; Applicant: Babirwa Ba-Ga-Mamadi Royal Family; Respondent: Premier Limpopo Province; Respondent: MEC for COGHSTA, Limpopo; Respondent: Limpopo House of Traditional Leaders; Respondent: Commission on Traditional Leadership Disputes and Claims; Respondent: Aborekwe Thomas Mamadi; Respondent: Babirwa Ba Mamadi Royal Council
Court
Limpopo High Court, Polokwane
Jurisdiction
South Africa
Judgment Date
26 November 2020
Case Number
4052/2018
Procedural Posture
Review Application / Judgment After Opposed Motion
Outcome
Application dismissed with costs, including costs of two counsel where so employed.
Judges
EM Makgoba
Legal Topics
Promotion of Administrative Justice Act, Customary Law of Succession, Locus Standi, Dispute of Facts, Review of Administrative Action
Administrative Law Civil Procedure Promotion of Administrative Justice Act Customary Law of Succession Locus Standi Dispute of Facts Review of Administrative Action

Case Brief

Summary, issues, holding and outcome

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Parties

Madidimalo Kilson Mamadi

Applicant

Babirwa Ba-Ga-Mamadi Royal Family

Applicant

Premier Limpopo Province

Respondent

MEC for COGHSTA, Limpopo

Respondent

Limpopo House of Traditional Leaders

Respondent

Commission on Traditional Leadership Disputes and Claims

Respondent

Aborekwe Thomas Mamadi

Respondent

Babirwa Ba Mamadi Royal Council

Respondent

Procedural Posture

Review Application / Judgment After Opposed Motion

Legal Issues

  1. 1 Whether the applicants have locus standi to bring the application on behalf of the Mamadi Royal Family.
  2. 2 Whether the Premier's refusal to recognise the first applicant as Acting Traditional Leader was lawful.
  3. 3 Whether the recommendations of the Commission on Traditional Leadership Disputes and Claims should be set aside.

Ratio Decidendi

The court found that the applicants failed to establish locus standi and that the genealogy and succession they relied upon were not supported by credible evidence. The Kgatla Commission's findings, accepted by the Premier, established that the house of Matshopa is not entitled to the chieftaincy of the Mamadi Traditional Community. The application was riddled with material disputes of fact, which the applicants should have anticipated. The applicants elected to proceed by motion despite these disputes, and their request to refer the matter to oral evidence was made too late and was not justified by prospects of success. The court held that the proper procedure would have been to proceed...

Court Disposition

Application dismissed with costs, including costs of two counsel where so employed.

Orders

  • The application is dismissed with costs, such costs to include the costs of two counsel where so employed.