Moropene and Others v Ga-seaphole Community Develeopment Committee and Others (5110/2019) [2021] ZALMPPHC 53 (26 August 2021)

Moropene and Others v Ga-seaphole Community Develeopment Committee and Others (5110/2019) [2021] ZALMPPHC 53 (26 August 2021)

The court found that the respondents, through their own admissions and correspondence, unlawfully interfered with the statutory and customary functions of the applicants as traditional leaders and council of Ga-Seaphole village. The respondents usurped the powers of the applicants, suspended them without following the procedures set out in the Limpopo Act, and allocated stands unlawfully. The applicants demonstrated a clear right to perform their functions, suffered ongoing injury, and had no alternative remedy. The requirements for a final interdict were satisfied. The respondents' denial of interference was rejected as unsubstantiated. The applicants were entitled to the relief sought,...

Citation
[2021] ZALMPPHC 53
Parties
Applicant: Michael Moropene; Applicant: Masilo Moropene; Applicant: Modjadji Royal Council; Respondent: Ga-Seaphole Community Development Committee; Respondent: Advocate Matome Victor Sehunane; Respondent: Lebea Motlatsi Evans; Respondent: Mapula Meriam Rakgwahla; Respondent: Eddie Malatji; Respondent: Solly Moropene; Respondent: Nakampe Emmanuel Rakgwahla; Respondent: Mamaropene Selowa; Respondent: Sekedi Machete; Respondent: Albert Lebea; Respondent: Nomlinda Lebepe; Respondent: Part of Community of Ga-Seaphole who associate themselves with the 1st to 11th respondents; Respondent: Minister of Rural Development and Land Reform; Respondent: Limpopo MEC of Co-operate Government and Traditional Affairs; Respondent: Greater Letaba Municipality
Court
Limpopo High Court, Polokwane
Jurisdiction
South Africa
Judgment Date
26 August 2021
Case Number
5110/2019
Procedural Posture
Urgent Application / Final Interdict Application Before the High Court
Outcome
Application granted. Final interdict and declaratory relief awarded in favour of the applicants.
Judges
M V Semenya
Legal Topics
Traditional Leadership, Allocation of Land Rights, Interdict, Customary Law Powers, Community Development Committee, Removal of Traditional Leader
Land and Property Administrative Law Traditional Leadership Allocation of Land Rights Interdict Customary Law Powers Community Development Committee Removal of Traditional Leader

Case Brief

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Parties

Michael Moropene

Applicant

Masilo Moropene

Applicant

Modjadji Royal Council

Applicant

Ga-Seaphole Community Development Committee

Respondent

Advocate Matome Victor Sehunane

Respondent

Lebea Motlatsi Evans

Respondent

Mapula Meriam Rakgwahla

Respondent

Eddie Malatji

Respondent

Solly Moropene

Respondent

Nakampe Emmanuel Rakgwahla

Respondent

Mamaropene Selowa

Respondent

Sekedi Machete

Respondent

Albert Lebea

Respondent

Nomlinda Lebepe

Respondent

Part of Community of Ga-Seaphole who associate themselves with the 1st to 11th respondents

Respondent

Minister of Rural Development and Land Reform

Respondent

Limpopo MEC of Co-operate Government and Traditional Affairs

Respondent

Greater Letaba Municipality

Respondent

Procedural Posture

Urgent Application / Final Interdict Application Before the High Court

Legal Issues

  1. 1 Whether the respondents unlawfully interfered with the statutory and customary functions of the applicants as traditional leaders and council of Ga-Seaphole village.
  2. 2 Whether the suspension of the first applicant and the traditional council by the respondents was lawful and valid.
  3. 3 Whether the respondents unlawfully allocated stands and usurped the powers of the applicants.

Ratio Decidendi

The court found that the respondents, through their own admissions and correspondence, unlawfully interfered with the statutory and customary functions of the applicants as traditional leaders and council of Ga-Seaphole village. The respondents usurped the powers of the applicants, suspended them without following the procedures set out in the Limpopo Act, and allocated stands unlawfully. The applicants demonstrated a clear right to perform their functions, suffered ongoing injury, and had no alternative remedy. The requirements for a final interdict were satisfied. The respondents' denial of interference was rejected as unsubstantiated. The applicants were entitled to the relief sought,...

Court Disposition

Application granted. Final interdict and declaratory relief awarded in favour of the applicants.

Orders

  • The 1st to 12th respondents are interdicted and restrained from intimidating, inciting violence against the applicants, and interfering with their statutory and customary functions as traditional leaders and council of Ga-Seaphole village.
  • The 1st to 9th respondents are interdicted and restrained from unlawfully allocating stands to members of Ga-Seaphole village.