Mtungwa and Another v Premier of Kwazulu-Natal and Others (3618/22P) [2023] ZAKZPHC 19 (28 February 2023)

Mtungwa and Another v Premier of Kwazulu-Natal and Others (3618/22P) [2023] ZAKZPHC 19 (28 February 2023)

The court found that the method of succession to the position of iNkosi within the traditional community was correctly applied, following the male line through the eldest son and his male progeny. The applicants' contention that the youngest son should succeed was rejected as inconsistent with the established method of succession. The court held that there was no reasonable prospect that another court would reach a different decision, nor were there any compelling reasons to grant leave to appeal. The application for leave to appeal was therefore dismissed with costs, including the costs of senior counsel.

Citation
[2023] ZAKZPHC 19
Parties
Applicant: Mfaniseni Mboniseni Mtungwa; Applicant: Members of Umndeni Wenkosi listed in Annexure 'A'; Respondent: Premier of Kwazulu-Natal; Respondent: Department of Co-operative Governance and Traditional Affairs, Kwazulu-Natal; Respondent: Thokozani Mtungwa
Court
Kwazulu-Natal High Court, Pietermaritzburg
Jurisdiction
South Africa
Judgment Date
28 February 2023
Case Number
3618/22P
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Against Dismissal of Review Application
Outcome
Application for leave to appeal dismissed with costs, including the costs of senior counsel.
Judges
Mossop
Legal Topics
Traditional Leadership Succession, Review of Administrative Action, Leave to Appeal, Kwazulu Natal Traditional Leadership and Governance Act
Administrative Law Civil Procedure Traditional Leadership Succession Review of Administrative Action Leave to Appeal Kwazulu Natal Traditional Leadership and Governance Act

Case Brief

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Parties

Mfaniseni Mboniseni Mtungwa

Applicant

Members of Umndeni Wenkosi listed in Annexure 'A'

Applicant

Premier of Kwazulu-Natal

Respondent

Department of Co-operative Governance and Traditional Affairs, Kwazulu-Natal

Respondent

Thokozani Mtungwa

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Against Dismissal of Review Application

Legal Issues

  1. 1 Whether there are reasonable prospects that another court would reach a different decision regarding the recognition of the third respondent as iNkosi of the Mabaso clan.
  2. 2 Whether the method of succession to the position of iNkosi was correctly applied.
  3. 3 Whether there are compelling reasons justifying leave to appeal.

Ratio Decidendi

The court found that the method of succession to the position of iNkosi within the traditional community was correctly applied, following the male line through the eldest son and his male progeny. The applicants' contention that the youngest son should succeed was rejected as inconsistent with the established method of succession. The court held that there was no reasonable prospect that another court would reach a different decision, nor were there any compelling reasons to grant leave to appeal. The application for leave to appeal was therefore dismissed with costs, including the costs of senior counsel.

Court Disposition

Application for leave to appeal dismissed with costs, including the costs of senior counsel.

Orders

  • The application for leave to appeal is refused with costs, such to include the costs of senior counsel.