Molosi and Others v King Phahlo Royal Family and Others (1005/2022) [2024] ZASCA 73 (10 May 2024)

Molosi and Others v King Phahlo Royal Family and Others (1005/2022) [2024] ZASCA 73 (10 May 2024)

The Supreme Court of Appeal found that the appeal had become moot because the President had already recognised Mr Matiwane as king of AmaMpondomise under section 9 of the Traditional Leadership and Governance Framework Act. The declaratory and interdictory relief granted by the high court was rendered academic, as the President's recognition had overtaken the dispute. The Court held that there was no practical effect in considering the appeal further, and declined to exercise its discretion to hear the matter, noting that the underlying dispute was factual and not of recurring legal significance. The conduct of the parties and their legal representatives in failing to disclose the...

Citation
[2024] ZASCA 73
Parties
Appellant: Simpiwe Sydwell Molosi; Appellant: Ntombenkonzo Maseti; Appellant: Dosini Royal Family; Respondent: King Phahlo Royal Family; Respondent: Luzuko Matiwane; Respondent: President of the Republic of South Africa; Respondent: Minister of Co-operative Governance and Traditional Affairs; Respondent: Premier of the Eastern Cape Province
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
10 May 2024
Case Number
1005/2022
Procedural Posture
Civil Appeal / Appeal From Eastern Cape Division, High Court, Mthatha; Supreme Court of Appeal
Outcome
Appeal dismissed as moot; no order as to costs.
Judges
Zondi, Schippers, Mothle, Tolmay, Keightley
Legal Topics
Traditional Leadership Disputes, Customary Law Succession, Mootness, Declaratory Relief, Interdict, Exhaustion of Internal Remedies
Administrative Law Civil Procedure Traditional Leadership Disputes Customary Law Succession Mootness Declaratory Relief Interdict Exhaustion of Internal Remedies

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 7 Party arguments 2
Sign in to unlock

Parties

Simpiwe Sydwell Molosi

Appellant

Ntombenkonzo Maseti

Appellant

Dosini Royal Family

Appellant

King Phahlo Royal Family

Respondent

Luzuko Matiwane

Respondent

President of the Republic of South Africa

Respondent

Minister of Co-operative Governance and Traditional Affairs

Respondent

Premier of the Eastern Cape Province

Respondent

Procedural Posture

Civil Appeal / Appeal From Eastern Cape Division, High Court, Mthatha; Supreme Court of Appeal

Legal Issues

  1. 1 Whether the Dosini or Phahlo family is the legitimate royal family entitled to nominate the king or queen of AmaMpondomise under the Traditional Leadership and Governance Framework Act.
  2. 2 Whether the high court's declaratory and interdictory relief was correctly granted.
  3. 3 Whether the appeal is moot due to the President's recognition of Mr Matiwane as king.

Ratio Decidendi

The Supreme Court of Appeal found that the appeal had become moot because the President had already recognised Mr Matiwane as king of AmaMpondomise under section 9 of the Traditional Leadership and Governance Framework Act. The declaratory and interdictory relief granted by the high court was rendered academic, as the President's recognition had overtaken the dispute. The Court held that there was no practical effect in considering the appeal further, and declined to exercise its discretion to hear the matter, noting that the underlying dispute was factual and not of recurring legal significance. The conduct of the parties and their legal representatives in failing to disclose the...

Court Disposition

Appeal dismissed as moot; no order as to costs.

Orders

  • The appeal is dismissed.
  • No order as to costs.