Radingwana and Another v Premier: Limpopo Province and Others (Rev 4849/2020) [2022] ZALMPPHC 49 (4 October 2022)

Radingwana and Another v Premier: Limpopo Province and Others (Rev 4849/2020) [2022] ZALMPPHC 49 (4 October 2022)

The court found that the Kgatla Commission failed to properly investigate the dispute regarding the succession of the senior traditional leader of the Baroka Ba Radingwana community. The Commission did not call key witnesses, admitted evidence not given under oath, and treated the claimants as adversaries rather than conducting a thorough inquiry. The Premier's decision to accept the Commission's recommendation was therefore unlawful and procedurally unfair. The court held that the identification of a senior traditional leader must be performed by the royal family in accordance with custom and statutory requirements, and that the Commission's process did not meet these standards. The...

Citation
[2022] ZALMPPHC 49
Parties
Applicant: Sentsho Collenge Radingwana; Applicant: Radingwana Royal Family; Respondent: The Premier: Limpopo Province; Respondent: The MEC: Limpopo Co-operative Governance, Human Settlements and Traditional Affairs; Respondent: Limpopo Provincial Committee on Traditional Leadership Dispute and Claims; Respondent: Matau Sarah Radingwana
Court
Limpopo High Court, Polokwane
Jurisdiction
South Africa
Judgment Date
4 October 2022
Case Number
Rev 4849/2020
Procedural Posture
Review Application / Judgment Delivered After Hearing on 11 August 2022
Outcome
Application for review granted; recommendations and decisions set aside; costs awarded to the first applicant.
Judges
Muller
Legal Topics
Traditional Leadership Dispute, Customary Law of Succession, Review of Administrative Action, Principle of Legality, Promotion of Administrative Justice Act
Administrative Law Land and Property Traditional Leadership Dispute Customary Law of Succession Review of Administrative Action Principle of Legality Promotion of Administrative Justice Act

Case Brief

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Parties

Sentsho Collenge Radingwana

Applicant

Radingwana Royal Family

Applicant

The Premier: Limpopo Province

Respondent

The MEC: Limpopo Co-operative Governance, Human Settlements and Traditional Affairs

Respondent

Limpopo Provincial Committee on Traditional Leadership Dispute and Claims

Respondent

Matau Sarah Radingwana

Respondent

Procedural Posture

Review Application / Judgment Delivered After Hearing on 11 August 2022

Legal Issues

  1. 1 Whether the recommendation of the Kgatla Commission and the Premier's decision to recognise Moleme Jackson Radingwana as senior traditional leader were lawful and valid.
  2. 2 Whether the appointment of the fourth respondent as acting senior traditional leader was procedurally and substantively correct.
  3. 3 Whether the customary law of succession and the process for identifying a senior traditional leader were properly applied.

Ratio Decidendi

The court found that the Kgatla Commission failed to properly investigate the dispute regarding the succession of the senior traditional leader of the Baroka Ba Radingwana community. The Commission did not call key witnesses, admitted evidence not given under oath, and treated the claimants as adversaries rather than conducting a thorough inquiry. The Premier's decision to accept the Commission's recommendation was therefore unlawful and procedurally unfair. The court held that the identification of a senior traditional leader must be performed by the royal family in accordance with custom and statutory requirements, and that the Commission's process did not meet these standards. The...

Court Disposition

Application for review granted; recommendations and decisions set aside; costs awarded to the first applicant.

Orders

  • The recommendation of the Kgatla Commission (third respondent) dated 12 April 2017 is reviewed and set aside.
  • The decision of the Premier (first respondent) based on the recommendation of the Kgatla Commission dated 6 June 2017 is reviewed and set aside.