Netshimbupfe and Another v Mulaudzi and Others (599/2014) [2015] ZALMPTHC 7 (28 October 2015)

Netshimbupfe and Another v Mulaudzi and Others (599/2014) [2015] ZALMPTHC 7 (28 October 2015)

The court found that the chieftainship of Tshisevhe was lawfully terminated in 1991 and Munyadziwa was installed as chief until his death in 2013. The identification of a successor must be done in accordance with customary law and the relevant statutory framework. The applicants failed to demonstrate that the first applicant was properly identified as the rightful successor, as his father had been deposed and replaced by Munyadziwa. The royal council, acting within its statutory authority, correctly identified the fifth respondent as the successor. The applicants' identification process was invalid as it did not accord with the customary laws of the Tshimbupfe Traditional Community....

Citation
[2015] ZALMPTHC 7
Parties
Applicant: Netshimbupfe Funzani Ernest; Applicant: Members of the Netshimbupfe Royal Family; Respondent: Mulaudzi Vhangani Carthcart (on behalf of the Netshimbupfe Royal); Respondent: Chairperson of the Traditional Leaders, Limpopo; Respondent: MEC of COGHSTA, Limpopo Province; Respondent: Premier of Limpopo Province; Respondent: Tshimbupfe, Mulatedzi
Court
Limpopo High Court, Thohoyandou
Jurisdiction
South Africa
Judgment Date
28 October 2015
Case Number
599/2014
Procedural Posture
Review Application / Judgment
Outcome
Application dismissed with costs.
Judges
E.M. Makgoba
Legal Topics
Traditional Leadership, Judicial Review, Customary Law Succession, Ultra Vires Decision
Administrative Law Land and Property Traditional Leadership Judicial Review Customary Law Succession Ultra Vires Decision

Case Brief

Summary, issues, holding and outcome

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Parties

Netshimbupfe Funzani Ernest

Applicant

Members of the Netshimbupfe Royal Family

Applicant

Mulaudzi Vhangani Carthcart (on behalf of the Netshimbupfe Royal)

Respondent

Chairperson of the Traditional Leaders, Limpopo

Respondent

MEC of COGHSTA, Limpopo Province

Respondent

Premier of Limpopo Province

Respondent

Tshimbupfe, Mulatedzi

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the identification of the fifth respondent as successor to the Tshimbupfe traditional leadership was lawful and valid.
  2. 2 Whether the first applicant was properly identified as the rightful successor under customary law.
  3. 3 Whether the decision of the Tshimbupfe Royal Council was ultra vires and inconsistent with statutory provisions.

Ratio Decidendi

The court found that the chieftainship of Tshisevhe was lawfully terminated in 1991 and Munyadziwa was installed as chief until his death in 2013. The identification of a successor must be done in accordance with customary law and the relevant statutory framework. The applicants failed to demonstrate that the first applicant was properly identified as the rightful successor, as his father had been deposed and replaced by Munyadziwa. The royal council, acting within its statutory authority, correctly identified the fifth respondent as the successor. The applicants' identification process was invalid as it did not accord with the customary laws of the Tshimbupfe Traditional Community....

Court Disposition

Application dismissed with costs.

Orders

  • The application is dismissed with costs.