Ndamase v Ndamase and Others (1961/2010) [2015] ZAECMHC 54 (23 April 2015)

Ndamase v Ndamase and Others (1961/2010) [2015] ZAECMHC 54 (23 April 2015)

The court found that the appointment of headmen in Zinkumbini administrative area has, by long-standing custom and practice, been the prerogative of the reigning king of Western Pondoland, not a hereditary right within a single family. The applicant failed to establish that her nomination by her royal family was in accordance with custom or statutory requirements. Historical records and official correspondence confirmed that the king nominates headmen for certain locations, including Zinkumbini, and that permanent appointments do not create hereditary succession. The applicant was not ordinarily resident within the jurisdiction of the traditional council, disqualifying her under the...

Citation
[2015] ZAECMHC 54
Parties
Applicant: Bulelwa Ndamase; Respondent: Vusumzi Ndamase; Respondent: Ndamase Ndamase; Respondent: Premier, Eastern Cape Province; Respondent: MEC for Local Government and Traditional Affairs
Court
Eastern Cape High Court, Mthatha
Jurisdiction
South Africa
Judgment Date
23 April 2015
Case Number
1961/2010
Procedural Posture
Urgent Application / Application for Declaratory and Interdictory Relief
Outcome
Application dismissed with costs.
Judges
Majiki
Legal Topics
Traditional Leadership Act, Customary Law Appointment, Locus Standi, Hereditary Headmanship, Judicial Review, Gender Discrimination
Administrative Law Civil Procedure Traditional Leadership Act Customary Law Appointment Locus Standi Hereditary Headmanship Judicial Review Gender Discrimination

Case Brief

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Parties

Bulelwa Ndamase

Applicant

Vusumzi Ndamase

Respondent

Ndamase Ndamase

Respondent

Premier, Eastern Cape Province

Respondent

MEC for Local Government and Traditional Affairs

Respondent

Procedural Posture

Urgent Application / Application for Declaratory and Interdictory Relief

Legal Issues

  1. 1 Whether the appointment of the first respondent as headman of Zinkumbini was lawful and in accordance with custom and the Traditional Leadership and Governance Act.
  2. 2 Whether the applicant's nomination by her royal family conferred a legitimate expectation or right to the headmanship.
  3. 3 Whether the applicant meets the statutory and customary requirements for appointment as headman, including residency and locus standi.

Ratio Decidendi

The court found that the appointment of headmen in Zinkumbini administrative area has, by long-standing custom and practice, been the prerogative of the reigning king of Western Pondoland, not a hereditary right within a single family. The applicant failed to establish that her nomination by her royal family was in accordance with custom or statutory requirements. Historical records and official correspondence confirmed that the king nominates headmen for certain locations, including Zinkumbini, and that permanent appointments do not create hereditary succession. The applicant was not ordinarily resident within the jurisdiction of the traditional council, disqualifying her under the...

Court Disposition

Application dismissed with costs.

Orders

  • The application is dismissed with costs.