Radebe and Another v Commission on Traditional Leadership and Disputes and Others (37875/2011) [2025] ZAGPPHC 66 (21 January 2025)

Radebe and Another v Commission on Traditional Leadership and Disputes and Others (37875/2011) [2025] ZAGPPHC 66 (21 January 2025)

The court found that the applicants failed to provide a satisfactory and substantiated explanation for the delay in filing the review application, the supplementary founding affidavit, and the replying affidavit. The applicants' explanations were vague, unsupported by evidence, and included misrepresentations under oath. The applicants did not adequately address the requirement of prospects of success, which is fatal to any condonation application. The legal regime governing traditional leadership had changed, and the relief sought was no longer competent. The administration of justice would be ill-served by granting condonation in these circumstances. Accordingly, the application for...

Citation
[2025] ZAGPPHC 66
Parties
Applicant: Muziwenkosi Johannes Radebe; Applicant: AmaHlubi Royal Council; Respondent: Commission on Traditional Leadership and Disputes; Respondent: President of the Republic of South Africa; Respondent: King Goodwill Zwelithini Zulu; Respondent: Zulu Royal Council; Respondent: Minister of Co-operative Governance and Traditional Affairs; Respondent: Premier, KwaZulu-Natal Province; Respondent: Chairman, National House of Traditional Leaders
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
21 January 2025
Case Number
37875/2011
Procedural Posture
Review Application / Judgment on Condonation and Merits
Outcome
Application dismissed with costs, including costs of two senior counsel on scale C.
Judges
Mooki
Legal Topics
Condonation, Review of Administrative Action, Traditional Leadership, Late Filing, Prospects of Success
Administrative Law Civil Procedure Condonation Review of Administrative Action Traditional Leadership Late Filing Prospects of Success

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 4 Authorities cited 6 Party arguments 2
Sign in to unlock

Parties

Muziwenkosi Johannes Radebe

Applicant

AmaHlubi Royal Council

Applicant

Commission on Traditional Leadership and Disputes

Respondent

President of the Republic of South Africa

Respondent

King Goodwill Zwelithini Zulu

Respondent

Zulu Royal Council

Respondent

Minister of Co-operative Governance and Traditional Affairs

Respondent

Premier, KwaZulu-Natal Province

Respondent

Chairman, National House of Traditional Leaders

Respondent

Procedural Posture

Review Application / Judgment on Condonation and Merits

Legal Issues

  1. 1 Whether the applicants have provided a satisfactory explanation for the late filing of the review application.
  2. 2 Whether the applicants have prospects of success in the review of the Commission's decision.
  3. 3 Whether condonation should be granted for the late filing of the supplementary founding affidavit and replying affidavit.

Ratio Decidendi

The court found that the applicants failed to provide a satisfactory and substantiated explanation for the delay in filing the review application, the supplementary founding affidavit, and the replying affidavit. The applicants' explanations were vague, unsupported by evidence, and included misrepresentations under oath. The applicants did not adequately address the requirement of prospects of success, which is fatal to any condonation application. The legal regime governing traditional leadership had changed, and the relief sought was no longer competent. The administration of justice would be ill-served by granting condonation in these circumstances. Accordingly, the application for...

Court Disposition

Application dismissed with costs, including costs of two senior counsel on scale C.

Orders

  • The application is dismissed.
  • The applicants are ordered to pay costs, including the costs of two senior counsel, on scale C.