Rikhotso v Premier Limpopo Province and Others (943/2017) [2022] ZALMPTHC 6 (9 May 2022)

Rikhotso v Premier Limpopo Province and Others (943/2017) [2022] ZALMPTHC 6 (9 May 2022)

The court found that the removal of the applicant as headman of Nsavulani was unlawful because the recommendation for removal did not come from the Nsavulani Royal Family, as required by section 13(2) of the Limpopo Traditional Leadership and Institutions Act. The Mahumani Traditional Council and Mahumani Royal Family, being the royal family of the senior traditional leader, do not have the statutory power to recommend the removal of a headman from a ward under their jurisdiction. The Premier's reliance on their resolution was misplaced and non-compliant with the Act. The applicant's salary termination was similarly unlawful, as it flowed from the invalid removal. The court set aside both...

Citation
[2022] ZALMPTHC 6
Parties
Applicant: Masenyani Thompson Rikhotso; Respondent: Premier Limpopo Province; Respondent: MEC: Co-Operative Governance, Human Settlements and Traditional Affairs (COGHSTA); Respondent: District Manager: Mopani Dept of Traditional Affairs; Respondent: Mahumani Traditional Council; Respondent: Mahumani Royal Family
Court
Limpopo High Court, Thohoyandou
Jurisdiction
South Africa
Judgment Date
9 May 2022
Case Number
943/2017
Procedural Posture
Review Application / Merits Hearing After Constitutional Court Remittal
Outcome
Application granted; removal and salary termination set aside.
Judges
AML Phatudi
Legal Topics
Traditional Leadership Removal, Customary Law Application, Administrative Review, Limpopo Traditional Leadership Act
Administrative Law Land and Property Traditional Leadership Removal Customary Law Application Administrative Review Limpopo Traditional Leadership Act

Case Brief

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Parties

Masenyani Thompson Rikhotso

Applicant

Premier Limpopo Province

Respondent

MEC: Co-Operative Governance, Human Settlements and Traditional Affairs (COGHSTA)

Respondent

District Manager: Mopani Dept of Traditional Affairs

Respondent

Mahumani Traditional Council

Respondent

Mahumani Royal Family

Respondent

Procedural Posture

Review Application / Merits Hearing After Constitutional Court Remittal

Legal Issues

  1. 1 Whether the Premier complied with the requirements of the Limpopo Traditional Leadership and Institutions Act when removing the applicant as Headman of Nsavulani.
  2. 2 Whether the removal of the applicant was lawful and procedurally correct under customary law and statute.
  3. 3 Who holds the power to recommend the removal of a headman under the relevant legislation.

Ratio Decidendi

The court found that the removal of the applicant as headman of Nsavulani was unlawful because the recommendation for removal did not come from the Nsavulani Royal Family, as required by section 13(2) of the Limpopo Traditional Leadership and Institutions Act. The Mahumani Traditional Council and Mahumani Royal Family, being the royal family of the senior traditional leader, do not have the statutory power to recommend the removal of a headman from a ward under their jurisdiction. The Premier's reliance on their resolution was misplaced and non-compliant with the Act. The applicant's salary termination was similarly unlawful, as it flowed from the invalid removal. The court set aside both...

Court Disposition

Application granted; removal and salary termination set aside.

Orders

  • The administrative decision of the first respondent removing Masenyani Thompson Rikhotso as headman of Nsavulani ward on 08 March 2013 is reviewed and set aside.
  • The first respondent's termination of Masenyani Thompson Rikhotso's salary and allowances as headman of Nsavulani is reviewed and set aside.