Mangope and Another v Mangope and Another (1814/2024) [2024] ZANWHC 126 (14 May 2024)

Mangope and Another v Mangope and Another (1814/2024) [2024] ZANWHC 126 (14 May 2024)

The court found that the first applicant is the duly recognized Acting Kgosi of the Bahurutshe Boo Manyana Traditional Community, as confirmed by the Certificate of Recognition issued by the Premier, which has not been withdrawn. The Traditional Leadership and Governance Act vests the authority to convene community meetings and administer community finances exclusively in the Acting Kgosi and the Traditional Council. The first respondent, as a concerned member, does not have the legislative mandate to call meetings or open accounts for community funds. The applicants established a clear right to the relief sought, a reasonable apprehension of irreparable harm, and the absence of an...

Citation
[2024] ZANWHC 126
Parties
Applicant: Kwena Darius Mangope; Applicant: Bhurutshe Boo Manyana Traditional Community; Respondent: Piki Mangope; Respondent: Concerned Members
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
14 May 2024
Case Number
1814/2024
Procedural Posture
Urgent Application / Final Interdict Application
Outcome
Application granted. Final interdict issued against the respondents.
Judges
FMM Reid
Legal Topics
Final Interdict, Traditional Leadership Act, Community Meetings, Certificate of Recognition, Administration of Traditional Community
Civil Procedure Land and Property Final Interdict Traditional Leadership Act Community Meetings Certificate of Recognition Administration of Traditional Community

Case Brief

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Parties

Kwena Darius Mangope

Applicant

Bhurutshe Boo Manyana Traditional Community

Applicant

Piki Mangope

Respondent

Concerned Members

Respondent

Procedural Posture

Urgent Application / Final Interdict Application

Legal Issues

  1. 1 Whether the first respondent is entitled to call meetings of the Bahurutshe Boo Manyana Traditional Community.
  2. 2 Whether the first respondent may purport to be a legitimate representative of the Community.
  3. 3 Whether the applicants have established the requirements for a final interdict against the respondents.

Ratio Decidendi

The court found that the first applicant is the duly recognized Acting Kgosi of the Bahurutshe Boo Manyana Traditional Community, as confirmed by the Certificate of Recognition issued by the Premier, which has not been withdrawn. The Traditional Leadership and Governance Act vests the authority to convene community meetings and administer community finances exclusively in the Acting Kgosi and the Traditional Council. The first respondent, as a concerned member, does not have the legislative mandate to call meetings or open accounts for community funds. The applicants established a clear right to the relief sought, a reasonable apprehension of irreparable harm, and the absence of an...

Court Disposition

Application granted. Final interdict issued against the respondents.

Orders

  • The first respondent and any person or group acting at their behest are interdicted and restrained from claiming or purporting to be legitimate representatives of Bahurutshe boo Manyana Traditional Community.
  • The respondents and any person or group acting at their behest are interdicted and restrained from convening Community meetings in their representative capacity to discuss developments and projects of the Community.