Mohlaba and Others v Minister of Cooperative Governance and Traditional Affairs and Others (CCT 07/24) [2024] ZACC 32; 2025 (4) BCLR 442 (CC) (20 December 2024)

Mohlaba and Others v Minister of Cooperative Governance and Traditional Affairs and Others (CCT 07/24) [2024] ZACC 32; 2025 (4) BCLR 442 (CC) (20 December 2024)

Section 25 of the Limpopo Traditional Leadership and Institutions Act 6 of 2005 is unconstitutional because it unlawfully delegates the power to impose compulsory levies (taxes) to traditional councils and the Premier, contrary to the Constitution which reserves taxing powers for elected legislative bodies and prohibits such delegation. The levies imposed under section 25 are compulsory, uniformly applied, paid into a general fund, and used for general purposes, meeting all criteria for a tax. Traditional leaders, as unelected bodies, have no constitutional or customary law authority to impose compulsory taxes. The High Court’s order of invalidity is confirmed. The applicants are entitled...

Citation
[2024] ZACC 32
Parties
Applicant: Ingwana John Mohlaba; Applicant: Marhambu Bennet Chauke; Applicant: Mamila Rose Baloyi; Applicant: Mahasha Mmalekutu; Applicant: Ernest Motsilu Boima; Applicant: Patrick Mduduzi Mphamela Mashego; Applicant: Magate Samuel Maphoto; Applicant: Alfred Chwene Mafikeng; Applicant: Masekela Frans Mathekga; Applicant: Aaron Mogoboya; Applicant: Thomas Mbanyela; Applicant: Nkuzi Development Trust; Respondent: Minister of Cooperative Governance and Traditional Affairs; Respondent: Premier, Limpopo Province; Respondent: Member of the Executive Committee for Cooperative Governance, Human Settlements and Traditional Affairs, Limpopo Province; Respondent: Muhomi Traditional Authority; Respondent: Mavembe Traditional Authority; Respondent: Modjadji Traditional Authority; Respondent: Matlala Traditional Authority; Respondent: Moletjie Traditional Authority; Respondent: Mogoboya Traditional Authority; Respondent: Machaka Traditional Authority; Respondent: Limpopo Provincial House of Traditional Leaders
Court
Constitutional Court
Jurisdiction
South Africa
Judgment Date
20 December 2024
Case Number
CCT 07/24
Procedural Posture
Constitutional Confirmation / Application for Confirmation of High Court Order of Constitutional Invalidity and Direct Leave to Appeal on Costs
Outcome
Section 25 of the Limpopo Traditional Leadership and Institutions Act 6 of 2005 is declared inconsistent with the Constitution and invalid. The High Court’s order of invalidity is confirmed. Leave to appeal directly to the Constitutional Court on costs is granted. The High Court’s costs order is set aside and...
Judges
Madlanga ADCJ, Kollapen J, Majiedt J, Mathopo J, Rogers J, Seegobin AJ, Theron J, Tolmay AJ, Tshiqi J
Legal Topics
Taxing Power, Customary Law, Delegation of Legislative Power, Limpopo Traditional Leadership and Institutions Act, Constitutional Invalidity, Costs Against State
Constitutional Law Land and Property Administrative Law Taxing Power Customary Law Delegation of Legislative Power Limpopo Traditional Leadership and Institutions Act Constitutional Invalidity +1 more

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 4 Authorities cited 12 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Ingwana John Mohlaba

Applicant

Marhambu Bennet Chauke

Applicant

Mamila Rose Baloyi

Applicant

Mahasha Mmalekutu

Applicant

Ernest Motsilu Boima

Applicant

Patrick Mduduzi Mphamela Mashego

Applicant

Magate Samuel Maphoto

Applicant

Alfred Chwene Mafikeng

Applicant

Masekela Frans Mathekga

Applicant

Aaron Mogoboya

Applicant

Thomas Mbanyela

Applicant

Nkuzi Development Trust

Applicant

Minister of Cooperative Governance and Traditional Affairs

Respondent

Premier, Limpopo Province

Respondent

Member of the Executive Committee for Cooperative Governance, Human Settlements and Traditional Affairs, Limpopo Province

Respondent

Muhomi Traditional Authority

Respondent

Mavembe Traditional Authority

Respondent

Modjadji Traditional Authority

Respondent

Matlala Traditional Authority

Respondent

Moletjie Traditional Authority

Respondent

Mogoboya Traditional Authority

Respondent

Machaka Traditional Authority

Respondent

Limpopo Provincial House of Traditional Leaders

Respondent

Procedural Posture

Constitutional Confirmation / Application for Confirmation of High Court Order of Constitutional Invalidity and Direct Leave to Appeal on Costs

Legal Issues

  1. 1 Whether condonation for late filing should be granted.
  2. 2 Whether section 25 of the Limpopo Traditional Leadership and Institutions Act 6 of 2005 is unconstitutional.
  3. 3 Whether leave to appeal directly to the Constitutional Court on the costs order should be granted.

Ratio Decidendi

Section 25 of the Limpopo Traditional Leadership and Institutions Act 6 of 2005 is unconstitutional because it unlawfully delegates the power to impose compulsory levies (taxes) to traditional councils and the Premier, contrary to the Constitution which reserves taxing powers for elected legislative bodies and prohibits such delegation. The levies imposed under section 25 are compulsory, uniformly applied, paid into a general fund, and used for general purposes, meeting all criteria for a tax. Traditional leaders, as unelected bodies, have no constitutional or customary law authority to impose compulsory taxes. The High Court’s order of invalidity is confirmed. The applicants are entitled...

Court Disposition

Section 25 of the Limpopo Traditional Leadership and Institutions Act 6 of 2005 is declared inconsistent with the Constitution and invalid. The High Court’s order of invalidity is confirmed. Leave to appeal directly to the Constitutional Court on costs is granted. The High Court’s costs order is set aside and...

Orders

  • Condonation for the late filing of the application for confirmation and the application for leave to appeal directly to this Court is granted.
  • The High Court’s order of invalidity is confirmed.