Pilane and Others v Premier of the North West Province and Others (M539/2019 ; UM239/2022) [2025] ZANWHC 52 (12 March 2025)

Pilane and Others v Premier of the North West Province and Others (M539/2019 ; UM239/2022) [2025] ZANWHC 52 (12 March 2025)

The court found that the Commission of Inquiry failed to quorate and did not provide a complete record of its proceedings, undermining the reliability and lawfulness of its findings and recommendations. The Premier, in accepting and approving the Commission's recommendations, failed to provide adequate reasons for his administrative decisions, violating the requirements of PAJA and the constitutional principle of legality. The Premier's statutory powers are limited to recognition of traditional leaders designated by the Royal Family, not designation, and the process followed excluded affected parties and lacked transparency. The cumulative procedural defects rendered both the Commission's...

Citation
[2025] ZANWHC 52
Parties
Applicant: Kgosi Molefe John Pilane; Applicant: Bakgatla Ba Kgafela Traditional Council; Applicant: Bakgatla Ba Kgafela Royal Family (Moruleng); Applicant: Kagiso Pilane; Respondent: Premier of the North West Province; Respondent: Commission of Inquiry into Traditional Disputes in respect of Bakgatla Ba Kgafela, Batlhako Ba Leema and Bapo I and II Community Disputes; Respondent: Adv M.S. Baloyi SC N.O.; Respondent: Hosi A.K. Mahumani N.O.; Respondent: Prof Moleleki N.O.; Respondent: MEC for Local Government Human Resources and Traditional Affairs; Respondent: Kgafela Kgafela II; Respondent: Merafe Ramono; Respondent: Obakeng Keromeng; Respondent: Ba Kgatla Ba Sefikile Community; Respondent: Ramano Pilane Linchwe
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
12 March 2025
Case Number
M539/2019 ; UM239/2022
Procedural Posture
Review Application / Consolidated Review of Administrative Action and Recognition of Traditional Leadership
Outcome
Application granted. The findings and recommendations of the Baloyi Commission and the Premier's decisions are reviewed and set aside as irrational, unlawful, unconstitutional, and invalid. Costs awarded against the respondents jointly and severally.
Judges
A Reddy
Legal Topics
Promotion of Administrative Justice Act, Traditional Leadership Recognition, Customary Law Review, Quorum of Commissions, Failure to Provide Reasons, Principle of Legality
Administrative Law Constitutional Law Promotion of Administrative Justice Act Traditional Leadership Recognition Customary Law Review Quorum of Commissions Failure to Provide Reasons Principle of Legality

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Parties

Kgosi Molefe John Pilane

Applicant

Bakgatla Ba Kgafela Traditional Council

Applicant

Bakgatla Ba Kgafela Royal Family (Moruleng)

Applicant

Kagiso Pilane

Applicant

Premier of the North West Province

Respondent

Commission of Inquiry into Traditional Disputes in respect of Bakgatla Ba Kgafela, Batlhako Ba Leema and Bapo I and II Community Disputes

Respondent

Adv M.S. Baloyi SC N.O.

Respondent

Hosi A.K. Mahumani N.O.

Respondent

Prof Moleleki N.O.

Respondent

MEC for Local Government Human Resources and Traditional Affairs

Respondent

Kgafela Kgafela II

Respondent

Merafe Ramono

Respondent

Obakeng Keromeng

Respondent

Ba Kgatla Ba Sefikile Community

Respondent

Ramano Pilane Linchwe

Respondent

Procedural Posture

Review Application / Consolidated Review of Administrative Action and Recognition of Traditional Leadership

Legal Issues

  1. 1 Whether the findings and recommendations of the Baloyi Commission regarding Bakgatla Ba Kgafela investigations were lawful, rational, and constitutional.
  2. 2 Whether the Premier's decision to accept and approve the Commission's recommendations was lawful and rational.
  3. 3 Whether the Premier provided adequate reasons for his administrative decisions as required by PAJA.

Ratio Decidendi

The court found that the Commission of Inquiry failed to quorate and did not provide a complete record of its proceedings, undermining the reliability and lawfulness of its findings and recommendations. The Premier, in accepting and approving the Commission's recommendations, failed to provide adequate reasons for his administrative decisions, violating the requirements of PAJA and the constitutional principle of legality. The Premier's statutory powers are limited to recognition of traditional leaders designated by the Royal Family, not designation, and the process followed excluded affected parties and lacked transparency. The cumulative procedural defects rendered both the Commission's...

Court Disposition

Application granted. The findings and recommendations of the Baloyi Commission and the Premier's decisions are reviewed and set aside as irrational, unlawful, unconstitutional, and invalid. Costs awarded against the respondents jointly and severally.

Orders

  • The findings and recommendations of the Commission of Inquiry into the Traditional Disputes in respect of the Bakgatla Ba Kgafela, Batlhala Ba Leema and Bapo I and II Community Disputes issued on 20 August 2019, in so far as they relate to the Bakgatla Ba Kgafela investigations, are declared irrational, unlawful,...
  • The said findings and recommendations of the Baloyi Commission are reviewed and set aside.