Mogale v Maakane and Others (1106/2010) [2011] ZANWHC 17 (31 March 2011)

Mogale v Maakane and Others (1106/2010) [2011] ZANWHC 17 (31 March 2011)

The court found that the dismissal of the counter application was not based on the failure to join all interested parties, but rather on the applicants' failure to bring the application under the Promotion of Administrative Justice Act. The court noted that although there are differing judicial views on the interpretation of the Traditional Leadership and Governance Framework Act and the North West Traditional Leadership and Governance Act, these views were expressed in the context of the main application, which was decided in favour of the applicants. The applicants had no cause to appeal that part of the judgment. The merits of the counter application were not considered, and thus, the...

Citation
[2011] ZANWHC 17
Parties
Applicant: Kgosi Bop Edward Mogale; Respondent: Tshepo Maakane; Respondent: Peter Maimane; Respondent: Josia Lekoane; Respondent: Daniel Modisanyane; Respondent: Billy Molotsane; Respondent: Motlalepule Mathebe; Respondent: Wonder Mosina; Respondent: Leslely Kgobane; Respondent: Margaret Sikwane; Respondent: Omphile Maake; Respondent: Amanda Nthadi; Respondent: Benson Maakane; Respondent: J R Moerane; Respondent: J G Mogale; Respondent: L Maimane; Respondent: N Mokomele; Respondent: O A Molotsane; Respondent: M J Mogale; Respondent: S Mogale; Respondent: M M Petlele; Respondent: J D Modisakeng; Respondent: M Makwe; Respondent: M D Raleru; Respondent: Mr Magwete; Respondent: Ms Kwapeng; Respondent: E R Mogale; Respondent: The Premier: North West Province; Respondent: The Traditional Authority of the Bapo ba Mogale Tribe
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
31 March 2011
Case Number
1106/2010
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Dismissal of Counter Application
Outcome
Application for leave to appeal dismissed.
Judges
A A Landman
Legal Topics
Promotion of Administrative Justice Act, Joinder of Parties, Traditional Leadership Transformation
Administrative Law Civil Procedure Promotion of Administrative Justice Act Joinder of Parties Traditional Leadership Transformation

Case Brief

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Parties

Kgosi Bop Edward Mogale

Applicant

Tshepo Maakane

Respondent

Peter Maimane

Respondent

Josia Lekoane

Respondent

Daniel Modisanyane

Respondent

Billy Molotsane

Respondent

Motlalepule Mathebe

Respondent

Wonder Mosina

Respondent

Leslely Kgobane

Respondent

Margaret Sikwane

Respondent

Omphile Maake

Respondent

Amanda Nthadi

Respondent

Benson Maakane

Respondent

J R Moerane

Respondent

J G Mogale

Respondent

L Maimane

Respondent

N Mokomele

Respondent

O A Molotsane

Respondent

M J Mogale

Respondent

S Mogale

Respondent

M M Petlele

Respondent

J D Modisakeng

Respondent

M Makwe

Respondent

M D Raleru

Respondent

Mr Magwete

Respondent

Ms Kwapeng

Respondent

E R Mogale

Respondent

The Premier: North West Province

Respondent

The Traditional Authority of the Bapo ba Mogale Tribe

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Dismissal of Counter Application

Legal Issues

  1. 1 Whether leave to appeal should be granted against the dismissal of the counter application.
  2. 2 Whether the dismissal was based on failure to join interested parties or failure to proceed under the Promotion of Administrative Justice Act.
  3. 3 Whether differing judicial views on the applicable legislation justify leave to appeal.

Ratio Decidendi

The court found that the dismissal of the counter application was not based on the failure to join all interested parties, but rather on the applicants' failure to bring the application under the Promotion of Administrative Justice Act. The court noted that although there are differing judicial views on the interpretation of the Traditional Leadership and Governance Framework Act and the North West Traditional Leadership and Governance Act, these views were expressed in the context of the main application, which was decided in favour of the applicants. The applicants had no cause to appeal that part of the judgment. The merits of the counter application were not considered, and thus, the...

Court Disposition

Application for leave to appeal dismissed.

Orders

  • The application for leave to appeal is dismissed.