Mulamula and Others v Premier of the Province of Limpopo and Others (5948/2018) [2019] ZALMPPHC 44 (6 September 2019)

Mulamula and Others v Premier of the Province of Limpopo and Others (5948/2018) [2019] ZALMPPHC 44 (6 September 2019)

The Committee erred in recommending that Mr Maluleke's claim be upheld, as he lacked standing to claim the senior traditional leadership position for himself and was not eligible under customary law. The Committee exceeded its mandate by treating the claim as one on behalf of the first house of Gezani Johannes Maluleke, despite evidence that Mr Maluleke was not the rightful heir. The Premier's decisions to accept the Committee's recommendation and dissolve the senior traditional leadership were tainted by the Committee's flawed process and lack of consultation with the Royal Family. The Premier failed to provide reasons for his decisions, rendering them irrational and unlawful under PAJA...

Citation
[2019] ZALMPPHC 44
Parties
Applicant: Hasani Thomas Mulamula; Applicant: Mulamula Royal Family; Applicant: Mulamula Traditional Council; Respondent: Premier of the Province of Limpopo; Respondent: Limpopo Provincial Committee on Traditional Leadership Disputes and Claims; Respondent: Mdungazi Joseph Maluleke; Respondent: Commission on Traditional Leadership Disputes and Claims; Respondent: Limpopo Provincial House of Traditional Leaders
Court
Limpopo High Court, Polokwane
Jurisdiction
South Africa
Judgment Date
6 September 2019
Case Number
5948/2018
Procedural Posture
Review Application / Judgment on Review of Administrative Decisions Under Rule 53 and PAJA
Outcome
Application granted; the findings and recommendations of the Committee and the Premier's decisions are reviewed and set aside.
Judges
EM Makgoba
Legal Topics
Promotion of Administrative Justice Act, Traditional Leadership Disputes, Customary Law, Review of Administrative Action, Standing to Claim, Appointment and Removal of Traditional Leaders
Administrative Law Land and Property Promotion of Administrative Justice Act Traditional Leadership Disputes Customary Law Review of Administrative Action Standing to Claim Appointment and Removal of Traditional Leaders

Case Brief

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Parties

Hasani Thomas Mulamula

Applicant

Mulamula Royal Family

Applicant

Mulamula Traditional Council

Applicant

Premier of the Province of Limpopo

Respondent

Limpopo Provincial Committee on Traditional Leadership Disputes and Claims

Respondent

Mdungazi Joseph Maluleke

Respondent

Commission on Traditional Leadership Disputes and Claims

Respondent

Limpopo Provincial House of Traditional Leaders

Respondent

Procedural Posture

Review Application / Judgment on Review of Administrative Decisions Under Rule 53 and PAJA

Legal Issues

  1. 1 Whether the Committee acted lawfully in recommending that Mr Maluleke's claim to the senior traditional leadership position be upheld.
  2. 2 Whether the Premier acted lawfully in accepting the Committee's recommendation and dissolving the senior traditional leadership in the lineage of Risimati John Mulamula.
  3. 3 What is the appropriate relief if the impugned decisions are reviewed and set aside.

Ratio Decidendi

The Committee erred in recommending that Mr Maluleke's claim be upheld, as he lacked standing to claim the senior traditional leadership position for himself and was not eligible under customary law. The Committee exceeded its mandate by treating the claim as one on behalf of the first house of Gezani Johannes Maluleke, despite evidence that Mr Maluleke was not the rightful heir. The Premier's decisions to accept the Committee's recommendation and dissolve the senior traditional leadership were tainted by the Committee's flawed process and lack of consultation with the Royal Family. The Premier failed to provide reasons for his decisions, rendering them irrational and unlawful under PAJA...

Court Disposition

Application granted; the findings and recommendations of the Committee and the Premier's decisions are reviewed and set aside.

Orders

  • The findings and recommendations of the Committee (Second Respondent) are reviewed and set aside.
  • The recommendations of the Committee are substituted with the recommendation that the claim by Maluleke Mdungazi Joseph be rejected.