Phasha and Another v Phasha and Another (63613/2011) [2014] ZAGPPHC 600 (17 July 2014)

Phasha and Another v Phasha and Another (63613/2011) [2014] ZAGPPHC 600 (17 July 2014)

The court found that the applicant failed to exhaust internal remedies as required by both the Limpopo Traditional Leadership and Institutions Act and the Promotion of Administrative Justice Act. The dispute regarding the rightful traditional leader is pending before the relevant commission, and the applicant did not provide exceptional reasons for the court to intervene while the commission process is ongoing. Furthermore, the application sought to review decisions made over twenty years ago without adequate explanation for the delay. The court also noted that the factual disputes regarding customary law and the selection of a candle wife could not be resolved on affidavit and would...

Citation
[2014] ZAGPPHC 600
Parties
Applicant: Manku Selina Phasha; Applicant: The Royal Family for Roka-Makgalanoto Traditional Council; Respondent: Maria Tla Kale Phasha; Respondent: The Premier for Limpopo Provincial Government
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
17 July 2014
Case Number
63613/2011
Procedural Posture
Review Application / Judgment
Outcome
Application dismissed with costs.
Judges
Mavundla
Legal Topics
Chieftainship Dispute, Exhaustion of Internal Remedies, Traditional Leadership Act, Declaratory Relief, Condonation, Customary Law
Administrative Law Civil Procedure Chieftainship Dispute Exhaustion of Internal Remedies Traditional Leadership Act Declaratory Relief Condonation Customary Law

Case Brief

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Parties

Manku Selina Phasha

Applicant

The Royal Family for Roka-Makgalanoto Traditional Council

Applicant

Maria Tla Kale Phasha

Respondent

The Premier for Limpopo Provincial Government

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the applicant is entitled to a declaratory order recognising her as the senior traditional leader of the Roka-Makgalanoto Traditional Community and Council.
  2. 2 Whether the appointment and recognition of the first respondent as acting Kgoshigadi should be set aside.
  3. 3 Whether the recognition certificate issued to the first respondent should be declared null and void.

Ratio Decidendi

The court found that the applicant failed to exhaust internal remedies as required by both the Limpopo Traditional Leadership and Institutions Act and the Promotion of Administrative Justice Act. The dispute regarding the rightful traditional leader is pending before the relevant commission, and the applicant did not provide exceptional reasons for the court to intervene while the commission process is ongoing. Furthermore, the application sought to review decisions made over twenty years ago without adequate explanation for the delay. The court also noted that the factual disputes regarding customary law and the selection of a candle wife could not be resolved on affidavit and would...

Court Disposition

Application dismissed with costs.

Orders

  • The application is dismissed.
  • The applicants are ordered to pay the costs.