Premier: Northern Cape v Gaseemelwe and Others (1043/2007) [2007] ZANCHC 8 (14 December 2007)

Premier: Northern Cape v Gaseemelwe and Others (1043/2007) [2007] ZANCHC 8 (14 December 2007)

The Northern Cape High Court does not have jurisdiction over the chieftainship dispute, as the relevant areas fall judicially under the North West Province and the Bophuthatswana General Division. Consent by the parties cannot confer jurisdiction where none exists. Section 3 of the Interim Rationalisation of Jurisdiction of High Courts Act permits transfer of proceedings to the appropriate High Court even if the transferring court lacks jurisdiction. An oral application for transfer is sufficient in circumstances where all parties are aware of the jurisdictional defect and have had an opportunity to address the issue. The rule nisi must be discharged as it was issued without jurisdiction....

Citation
[2007] ZANCHC 8
Parties
Applicant: Premier: Northern Cape; Applicant: Kgosi KS Motshwarakgole; Respondent: LA Gaseemelwe; Respondent: MM Gaseemelwe; Respondent: SH Gaborewe; Respondent: G Gaborewe; Respondent: R Gaogatwe; Respondent: P Gorewang; Respondent: S Thibogang; Respondent: MS Mosala; Respondent: L Boihang; Respondent: DG Ntlhaile
Court
Northern Cape High Court, Kimberley
Jurisdiction
South Africa
Judgment Date
14 December 2007
Case Number
1043/2007
Procedural Posture
Civil Application / Return Day of Rule Nisi; Application for Confirmation of Interim Interdict and Transfer of Proceedings
Outcome
Application for confirmation of interim interdict refused; rule nisi discharged; matter transferred to Bophuthatswana General Division; costs awarded against applicants.
Judges
MAJIEDT
Legal Topics
Jurisdiction of High Courts, Transfer of Proceedings, Chieftainship Dispute, Interim Interdict
Civil Procedure Administrative Law Jurisdiction of High Courts Transfer of Proceedings Chieftainship Dispute Interim Interdict

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 9 Party arguments 2
Sign in to unlock

Parties

Premier: Northern Cape

Applicant

Kgosi KS Motshwarakgole

Applicant

LA Gaseemelwe

Respondent

MM Gaseemelwe

Respondent

SH Gaborewe

Respondent

G Gaborewe

Respondent

R Gaogatwe

Respondent

P Gorewang

Respondent

S Thibogang

Respondent

MS Mosala

Respondent

L Boihang

Respondent

DG Ntlhaile

Respondent

Procedural Posture

Civil Application / Return Day of Rule Nisi; Application for Confirmation of Interim Interdict and Transfer of Proceedings

Legal Issues

  1. 1 Does the Northern Cape High Court have jurisdiction over the chieftainship dispute?
  2. 2 Is consent by the parties sufficient to confer jurisdiction on the court?
  3. 3 Should the matter be transferred to the Bophuthatswana General Division under section 3 of the Interim Rationalisation of Jurisdiction of High Courts Act?

Ratio Decidendi

The Northern Cape High Court does not have jurisdiction over the chieftainship dispute, as the relevant areas fall judicially under the North West Province and the Bophuthatswana General Division. Consent by the parties cannot confer jurisdiction where none exists. Section 3 of the Interim Rationalisation of Jurisdiction of High Courts Act permits transfer of proceedings to the appropriate High Court even if the transferring court lacks jurisdiction. An oral application for transfer is sufficient in circumstances where all parties are aware of the jurisdictional defect and have had an opportunity to address the issue. The rule nisi must be discharged as it was issued without jurisdiction....

Court Disposition

Application for confirmation of interim interdict refused; rule nisi discharged; matter transferred to Bophuthatswana General Division; costs awarded against applicants.

Orders

  • The rule nisi issued on 24 August 2007 is discharged.
  • In terms of section 3 of the Interim Rationalisation of Jurisdiction of High Courts Act, 41 of 2001, this matter is transferred to the Bophuthatswana General Division of the High Court.