Netshimbupfe and Others v Mualudi and Others (HCA02/2016) [2017] ZALMPPHC 3 (3 March 2017)

Netshimbupfe and Others v Mualudi and Others (HCA02/2016) [2017] ZALMPPHC 3 (3 March 2017)

The court held that the identification of the fifth respondent as successor to the Tshimbupfe traditional leadership was not conducted in accordance with the prevailing custom of the community, as the khadzi and ndumi, whose participation is indispensable, were absent from the meeting. There is no evidence of a customary rule permitting the royal family to proceed in their absence. The statutory framework requires that disputes regarding identification be resolved internally, with the premier empowered to refer the matter for reconsideration and resolution before recognition. Since two successors were identified and the premier has not yet recognised either, the dispute remains an...

Citation
[2017] ZALMPPHC 3
Parties
Appellant: Netshimbupfe Funzani Ernest; Appellant: Members of Netshimbupfe Royal Family; Respondent: Mualudi Vhangani Cathcart; Respondent: Chairperson of the House of Traditional Leaders; Respondent: MEC of COGHSTA Limpopo Province; Respondent: Premier of Limpopo Province; Respondent: Netshimbupfe Mulatedzi
Court
Limpopo High Court, Polokwane
Jurisdiction
South Africa
Judgment Date
3 March 2017
Case Number
HCA02/2016
Procedural Posture
Civil Appeal / Appeal From Dismissal of Application and Refusal of Leave to Appeal; Appeal Heard With Leave of Supreme Court of Appeal
Outcome
Appeal dismissed with costs.
Judges
G.C Muller, M.G Phatudi, M.F Kganyago
Legal Topics
Traditional Leadership Recognition, Customary Law Succession, Internal Remedies, Ultra Vires Decision, Administrative Action Review
Administrative Law Land and Property Traditional Leadership Recognition Customary Law Succession Internal Remedies Ultra Vires Decision Administrative Action Review

Case Brief

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Parties

Netshimbupfe Funzani Ernest

Appellant

Members of Netshimbupfe Royal Family

Appellant

Mualudi Vhangani Cathcart

Respondent

Chairperson of the House of Traditional Leaders

Respondent

MEC of COGHSTA Limpopo Province

Respondent

Premier of Limpopo Province

Respondent

Netshimbupfe Mulatedzi

Respondent

Procedural Posture

Civil Appeal / Appeal From Dismissal of Application and Refusal of Leave to Appeal; Appeal Heard With Leave of Supreme Court of Appeal

Legal Issues

  1. 1 Whether the identification of the fifth respondent as successor to the Tshimbupfe traditional leadership was done in accordance with customary law.
  2. 2 Whether the absence of the khadzi and ndumi at the meeting where the fifth respondent was identified invalidates the process under customary law.
  3. 3 Whether the dispute regarding succession must first be resolved through internal remedies provided by statute before approaching the court.

Ratio Decidendi

The court held that the identification of the fifth respondent as successor to the Tshimbupfe traditional leadership was not conducted in accordance with the prevailing custom of the community, as the khadzi and ndumi, whose participation is indispensable, were absent from the meeting. There is no evidence of a customary rule permitting the royal family to proceed in their absence. The statutory framework requires that disputes regarding identification be resolved internally, with the premier empowered to refer the matter for reconsideration and resolution before recognition. Since two successors were identified and the premier has not yet recognised either, the dispute remains an...

Court Disposition

Appeal dismissed with costs.

Orders

  • The appeal is dismissed with costs.