Mokete v Khunou and Another (43/2007) [2008] ZANWHC 30 (29 February 2008)

Mokete v Khunou and Another (43/2007) [2008] ZANWHC 30 (29 February 2008)

The court found that the Applicant, having been legally represented and having acquiesced to the constitution of the appeal tribunal, waived any right to object to its composition. The principle of waiver and the doctrine of submission applied, as the Applicant did not raise any objection during the proceedings and only did so after an adverse decision. The court held that the First Respondent considered all admissible evidence and exercised his discretion properly. Allegations of bias and error of law were unsupported by evidence and dismissed. The application for review was accordingly dismissed with costs.

Citation
[2008] ZANWHC 30
Parties
Applicant: Mokgwatlheng Mokete; Respondent: The Honourable Magistrate Mr. W.M. Khunou; Respondent: Putu Thokozule Rosyline
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
29 February 2008
Case Number
43/2007
Procedural Posture
Review Application / Final Judgment
Outcome
Application dismissed with costs.
Judges
Nkosi-Thomas
Legal Topics
Traditional Courts Review, Waiver of Rights, Jurisdictional Submission, Bias and Improper Conduct, Inheritance of Property
Administrative Law Land and Property Traditional Courts Review Waiver of Rights Jurisdictional Submission Bias and Improper Conduct Inheritance of Property

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 9 Party arguments 2
Sign in to unlock

Parties

Mokgwatlheng Mokete

Applicant

The Honourable Magistrate Mr. W.M. Khunou

Respondent

Putu Thokozule Rosyline

Respondent

Procedural Posture

Review Application / Final Judgment

Legal Issues

  1. 1 Whether the First Respondent failed to take into account admissible evidence in the appeal proceedings.
  2. 2 Whether the District Court for tribal appeals was properly constituted in terms of section 9 of the Bophuthatswana Traditional Courts Act 29 of 1979.
  3. 3 Whether the judgment of the District Court for tribal appeals was delivered in accordance with section 9(4) of the Act.

Ratio Decidendi

The court found that the Applicant, having been legally represented and having acquiesced to the constitution of the appeal tribunal, waived any right to object to its composition. The principle of waiver and the doctrine of submission applied, as the Applicant did not raise any objection during the proceedings and only did so after an adverse decision. The court held that the First Respondent considered all admissible evidence and exercised his discretion properly. Allegations of bias and error of law were unsupported by evidence and dismissed. The application for review was accordingly dismissed with costs.

Court Disposition

Application dismissed with costs.

Orders

  • The application is dismissed with costs.
  • Reasons for the order to be furnished to any party on application delivered within ten days of the order.