Pilane and Another v Pheto and Others (CA 582/11) [2012] ZANWHC 10 (19 April 2012)

Pilane and Another v Pheto and Others (CA 582/11) [2012] ZANWHC 10 (19 April 2012)

The court found that both the First and Second Applicants have the necessary locus standi to bring the application. The First Applicant is permanently appointed and recognized as Kgosi, and the Second Applicant, the Traditional Council, remains in office until replaced, ensuring continuity. The respondents are not members of the Royal Family and lack authority to call meetings or act on its behalf. There is no genuine dispute of fact regarding the respondents' membership of the Royal Family. The counter application was correctly dismissed as affected parties were not cited and the principle of audi alteram partem applies. The constitutional arguments raised by the respondents were not...

Citation
[2012] ZANWHC 10
Parties
Applicant: Nyalala Molefe John Pilane; Applicant: Bakgatla-Ba-Kgafela Traditional Council; Respondent: Mpule David Pheto; Respondent: Thari Ernest Pilane; Respondent: Segale Pilane; Respondent: Oupa Pilane; Respondent: Tiny Motshegwa
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
19 April 2012
Case Number
CA 582/11
Procedural Posture
Leave to Appeal / Application for Leave to Appeal to the Supreme Court of Appeal Following a Final Interdict Granted in the Main Application.
Outcome
Application for leave to appeal dismissed with punitive costs order against the respondents.
Judges
R D Hendricks
Legal Topics
Locus Standi, Customary Law, Final Interdict, Condonation, Traditional Leadership, Costs Order
Civil Procedure Land and Property Locus Standi Customary Law Final Interdict Condonation Traditional Leadership Costs Order

Case Brief

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Parties

Nyalala Molefe John Pilane

Applicant

Bakgatla-Ba-Kgafela Traditional Council

Applicant

Mpule David Pheto

Respondent

Thari Ernest Pilane

Respondent

Segale Pilane

Respondent

Oupa Pilane

Respondent

Tiny Motshegwa

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal to the Supreme Court of Appeal Following a Final Interdict Granted in the Main Application.

Legal Issues

  1. 1 Whether the applicants have locus standi to bring the application.
  2. 2 Whether the respondents are members of the Royal Family of the Bakgatla-Ba-Kgafela tribe.
  3. 3 Whether there is a material dispute of fact regarding the respondents' membership of the Royal Family.

Ratio Decidendi

The court found that both the First and Second Applicants have the necessary locus standi to bring the application. The First Applicant is permanently appointed and recognized as Kgosi, and the Second Applicant, the Traditional Council, remains in office until replaced, ensuring continuity. The respondents are not members of the Royal Family and lack authority to call meetings or act on its behalf. There is no genuine dispute of fact regarding the respondents' membership of the Royal Family. The counter application was correctly dismissed as affected parties were not cited and the principle of audi alteram partem applies. The constitutional arguments raised by the respondents were not...

Court Disposition

Application for leave to appeal dismissed with punitive costs order against the respondents.

Orders

  • The application for leave to appeal to the Supreme Court of Appeal is dismissed.
  • The respondents are ordered to pay the costs of this application on a scale as between attorney and own client, jointly and severally, the one paying the other to be absolved.