Phasha and Another v Premier: Limpopo Province and Others (2654/2016) [2016] ZALMPPHC 11 (24 October 2016)

Phasha and Another v Premier: Limpopo Province and Others (2654/2016) [2016] ZALMPPHC 11 (24 October 2016)

The court found that the dispute regarding the leadership of the Baroka-Ba-Nkwana Community was already pending before the North Gauteng High Court in two separate cases, both of which had not been finalized. The present application sought relief on the same issues, amounting to a duplication of proceedings and an attempt to circumvent the pending trial process. The doctrine of lis pendens was applicable, and it was undesirable for the Limpopo High Court to entertain the application until the Pretoria matters were resolved. The court therefore dismissed the application with costs, emphasizing the need for consolidation and finality in the ongoing leadership dispute.

Citation
[2016] ZALMPPHC 11
Parties
Applicant: Mashile Maxman Phasha; Applicant: Baroka Ba Nkwana Royal Family; Respondent: Premier: Limpopo Province; Respondent: Tlakale Mavis Phasha; Respondent: Manyaku Elizabeth Maimela; Respondent: Potlake Nkwana Steven Phasha
Court
Limpopo High Court, Polokwane
Jurisdiction
South Africa
Judgment Date
24 October 2016
Case Number
2654/2016
Procedural Posture
Urgent Application / Application for Declaratory and Mandamus Relief; Opposed Motion
Outcome
Application dismissed with costs.
Judges
E M Makgoba
Legal Topics
Traditional Leadership Dispute, Lis Pendens, Declaratory Relief, Mandamus, Customary Law, Interdict
Administrative Law Civil Procedure Traditional Leadership Dispute Lis Pendens Declaratory Relief Mandamus Customary Law Interdict

Case Brief

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Parties

Mashile Maxman Phasha

Applicant

Baroka Ba Nkwana Royal Family

Applicant

Premier: Limpopo Province

Respondent

Tlakale Mavis Phasha

Respondent

Manyaku Elizabeth Maimela

Respondent

Potlake Nkwana Steven Phasha

Respondent

Procedural Posture

Urgent Application / Application for Declaratory and Mandamus Relief; Opposed Motion

Legal Issues

  1. 1 Whether the decision of the Royal Family appointing the First Applicant as acting Kgoshi is valid and binding.
  2. 2 Whether the Premier is obliged to issue a certificate of appointment under section 15(2) of the Limpopo Traditional Leadership and Institutions Act 6 of 2005.
  3. 3 Whether the application should be dismissed due to lis pendens arising from pending litigation in the North Gauteng High Court.

Ratio Decidendi

The court found that the dispute regarding the leadership of the Baroka-Ba-Nkwana Community was already pending before the North Gauteng High Court in two separate cases, both of which had not been finalized. The present application sought relief on the same issues, amounting to a duplication of proceedings and an attempt to circumvent the pending trial process. The doctrine of lis pendens was applicable, and it was undesirable for the Limpopo High Court to entertain the application until the Pretoria matters were resolved. The court therefore dismissed the application with costs, emphasizing the need for consolidation and finality in the ongoing leadership dispute.

Court Disposition

Application dismissed with costs.

Orders

  • The application is dismissed with costs.