Netshimbupfe and Another v Carthcart and Others (563/2017) [2018] ZASCA 98; [2018] 3 All SA 397 (SCA) (4 June 2018)

Netshimbupfe and Another v Carthcart and Others (563/2017) [2018] ZASCA 98; [2018] 3 All SA 397 (SCA) (4 June 2018)

The Supreme Court of Appeal held that the review application was premature because the Premier had not yet made a definitive decision regarding the recognition of the senior traditional leader as required by s 12(2) of the Limpopo Act. The statutory framework expects parties to exhaust internal remedies and statutory processes, including consultation with customary institutions, before seeking judicial intervention. The court found that the High Court and the full court erred by making findings on the merits and usurping the Premier's executive functions. The matter was not ripe for adjudication, and the dispute should be referred to the Premier for resolution in accordance with the...

Citation
[2018] ZASCA 98
Parties
Appellant: Netshimbupfe Fundzani Ernest; Appellant: Members of Netshimbupfe Royal Family; Respondent: Mulaudzi Vhangani Carthcart; Respondent: Chairperson of the House of Traditional Leaders; Respondent: MEC COGHSTA, Limpopo Province; Respondent: The Premier, Limpopo Province; Respondent: Netshimbupfe Mulatedzi
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
4 June 2018
Case Number
563/2017
Procedural Posture
Civil Appeal / Appeal From the Gauteng Division of the High Court Functioning as the Limpopo Division, Polokwane
Outcome
Appeal dismissed with costs.
Judges
Seriti, Dambuza, Mathopo, Van der Merwe, Mothle
Legal Topics
Customary Leadership Succession, Review of Administrative Action, Ripeness, Internal Remedies, Traditional Leadership Recognition
Administrative Law Civil Procedure Customary Leadership Succession Review of Administrative Action Ripeness Internal Remedies Traditional Leadership Recognition

Case Brief

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Parties

Netshimbupfe Fundzani Ernest

Appellant

Members of Netshimbupfe Royal Family

Appellant

Mulaudzi Vhangani Carthcart

Respondent

Chairperson of the House of Traditional Leaders

Respondent

MEC COGHSTA, Limpopo Province

Respondent

The Premier, Limpopo Province

Respondent

Netshimbupfe Mulatedzi

Respondent

Procedural Posture

Civil Appeal / Appeal From the Gauteng Division of the High Court Functioning as the Limpopo Division, Polokwane

Legal Issues

  1. 1 Whether the review application regarding the identification of a senior traditional leader was premature and should have awaited the Premier's decision.
  2. 2 Whether the identification of the fifth respondent as senior traditional leader was in accordance with customary law.
  3. 3 Whether the appellants were entitled to a declaration of invalidity and just and equitable relief.

Ratio Decidendi

The Supreme Court of Appeal held that the review application was premature because the Premier had not yet made a definitive decision regarding the recognition of the senior traditional leader as required by s 12(2) of the Limpopo Act. The statutory framework expects parties to exhaust internal remedies and statutory processes, including consultation with customary institutions, before seeking judicial intervention. The court found that the High Court and the full court erred by making findings on the merits and usurping the Premier's executive functions. The matter was not ripe for adjudication, and the dispute should be referred to the Premier for resolution in accordance with the...

Court Disposition

Appeal dismissed with costs.

Orders

  • The appeal is dismissed with costs.
  • The dispute is referred to the Premier of Limpopo Province for resolution in terms of s 12(2) of the Limpopo Traditional Leadership and Institutions Act 6 of 2005.