Mkono and Another v MEC for Co-Operative Governance and Traditional Affairs Eastern Cape and Others (Leave to Appeal) (3603/2021) [2025] ZAECMHC 6 (11 February 2025)

Mkono and Another v MEC for Co-Operative Governance and Traditional Affairs Eastern Cape and Others (Leave to Appeal) (3603/2021) [2025] ZAECMHC 6 (11 February 2025)

The court found that although the panel's investigation was conducted fairly and comprehensively, the consent order was limited to determining succession between the first applicant and the third respondent. The recognition of the fourth respondent, who was not part of the original dispute, raised a compelling issue as to whether the panel overstepped the boundaries set by the consent order. The judge concluded that this issue warrants scrutiny by the appellate court and constitutes a compelling reason for granting leave to appeal. Accordingly, the application for leave to appeal to the Full Court was granted.

Citation
[2025] ZAECMHC 6
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
11 February 2025
Case Number
3603/2021
Procedural Posture
Leave to Appeal / Application for Leave to Appeal to the Full Court After Dismissal of Initial Application
Outcome
Leave to appeal to the Full Court, Eastern Cape Division is granted.
Judges
N Cengani-Mbakaza
Legal Topics
Traditional Leadership Dispute, Panel Investigation, Scope of Consent Order, Leave to Appeal, Customary Law Succession
Administrative Law Civil Procedure Traditional Leadership Dispute Panel Investigation Scope of Consent Order Leave to Appeal Customary Law Succession

Case Brief

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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

Leave to Appeal / Application for Leave to Appeal to the Full Court After Dismissal of Initial Application

Legal Issues

  1. 1 Whether the panel appointed by the first respondent acted within the scope of the consent court order.
  2. 2 Whether the recognition of the fourth respondent as Headman, who was not part of the original dispute, constituted overstepping of the court order.
  3. 3 Whether there are compelling reasons or reasonable prospects of success for granting leave to appeal.

Ratio Decidendi

The court found that although the panel's investigation was conducted fairly and comprehensively, the consent order was limited to determining succession between the first applicant and the third respondent. The recognition of the fourth respondent, who was not part of the original dispute, raised a compelling issue as to whether the panel overstepped the boundaries set by the consent order. The judge concluded that this issue warrants scrutiny by the appellate court and constitutes a compelling reason for granting leave to appeal. Accordingly, the application for leave to appeal to the Full Court was granted.

Court Disposition

Leave to appeal to the Full Court, Eastern Cape Division is granted.

Orders

  • The application for leave to appeal to the Full Court, Eastern Cape Division is granted.
  • Costs shall be costs in the appeal.