Mkono and Another v MEC for Co-operative Governane and Traditional Affairs Eastern Cape and Others (3603/2021) [2024] ZAECMHC 22 (30 April 2024)

Mkono and Another v MEC for Co-operative Governane and Traditional Affairs Eastern Cape and Others (3603/2021) [2024] ZAECMHC 22 (30 April 2024)

The court found that the Gibisela Traditional Council did not resolve the headmanship dispute, as evidenced by the parties' agreement to allow the MEC to investigate and the subsequent court order authorising such investigation. The MEC acted within the scope of delegated powers from the Premier under the Eastern Cape Traditional Leadership and Governance Act. The process followed was procedurally fair, inclusive of all relevant parties, and consistent with both statutory and customary requirements. The use of a repealed statute in the identification form did not invalidate the process, as the substantive requirements of the current Act were met. The applicants failed to demonstrate any...

Citation
[2024] ZAECMHC 22
Parties
Applicant: Saziso Mkono; Applicant: Gibisela Traditional Council; Respondent: MEC for Co-operative Governance and Traditional Affairs, Eastern Cape; Respondent: Premier of the Eastern Cape; Respondent: Ntsika Mkono; Respondent: Lwazi Mkono
Court
Eastern Cape High Court, Mthatha
Jurisdiction
South Africa
Judgment Date
30 April 2024
Case Number
3603/2021
Procedural Posture
Review Application / Judgment on Merits
Outcome
Application dismissed with costs awarded against the applicants.
Judges
Cengani-Mbakaza
Legal Topics
Judicial Review, Customary Law Succession, Traditional Leadership Recognition, Procedural Fairness, Delegation of Powers
Administrative Law Civil Procedure Judicial Review Customary Law Succession Traditional Leadership Recognition Procedural Fairness Delegation of Powers

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 13 Party arguments 2
Sign in to unlock

Parties

Saziso Mkono

Applicant

Gibisela Traditional Council

Applicant

MEC for Co-operative Governance and Traditional Affairs, Eastern Cape

Respondent

Premier of the Eastern Cape

Respondent

Ntsika Mkono

Respondent

Lwazi Mkono

Respondent

Procedural Posture

Review Application / Judgment on Merits

Legal Issues

  1. 1 Whether the MEC's decision to recognise the fourth respondent as headman of Ndanya Administrative Area was lawful, reasonable, and procedurally fair.
  2. 2 Whether the Gibisela Traditional Council had resolved the headmanship dispute prior to the MEC's intervention.
  3. 3 Whether the MEC was authorised to investigate and determine the suitable candidate for headmanship under the applicable legislation.

Ratio Decidendi

The court found that the Gibisela Traditional Council did not resolve the headmanship dispute, as evidenced by the parties' agreement to allow the MEC to investigate and the subsequent court order authorising such investigation. The MEC acted within the scope of delegated powers from the Premier under the Eastern Cape Traditional Leadership and Governance Act. The process followed was procedurally fair, inclusive of all relevant parties, and consistent with both statutory and customary requirements. The use of a repealed statute in the identification form did not invalidate the process, as the substantive requirements of the current Act were met. The applicants failed to demonstrate any...

Court Disposition

Application dismissed with costs awarded against the applicants.

Orders

  • The application is dismissed.
  • The first and second applicants are ordered to pay the costs of the third and fourth respondents jointly and severally, the one paying the other to be absolved.