Seleka Royal Family and Another v Premier of Limpopo Province and Others (2507/2016) [2018] ZALMPPHC 4 (8 February 2018)

Seleka Royal Family and Another v Premier of Limpopo Province and Others (2507/2016) [2018] ZALMPPHC 4 (8 February 2018)

The court found that the Fourth Defendant's conduct, including failure to marry a candle wife as required by custom, desertion of the royal kraal, undermining the authority of the royal family, and persistent negligence in performing his duties, constituted transgressions of customary law and persistent indolence as contemplated by section 13(1) of the Limpopo Traditional Leadership and Institutions Act. The evidence presented by the plaintiffs was corroborated and remained unchallenged, as the Fourth Defendant failed to provide a credible version or refute the allegations. The court held that the First Defendant is legally obliged to withdraw the recognition certificate and publish the...

Citation
[2018] ZALMPPHC 4
Parties
Plaintiff: Seleka Royal Family; Plaintiff: Seleka sa Motlhasedi Royal Council; Defendant: Premier of Limpopo Province; Defendant: House of Traditional Leaders (Limpopo Province); Defendant: Members of the Executive Council Governance, Human Settlement and Traditional Affairs (Limpopo Province); Defendant: Acting Chief Phetogo David Seleka
Court
Limpopo High Court, Polokwane
Jurisdiction
South Africa
Judgment Date
8 February 2018
Case Number
2507/2016
Procedural Posture
Special Trial Action / Final Judgment After Trial
Outcome
Plaintiffs' application for removal of the Fourth Defendant as acting Senior Traditional Leader is granted.
Judges
M.G. Phatudi
Legal Topics
Removal of Traditional Leader, Customary Law Transgression, Judicial Review, Certificate of Recognition, Provincial Gazette Notice
Administrative Law Land and Property Removal of Traditional Leader Customary Law Transgression Judicial Review Certificate of Recognition Provincial Gazette Notice

Case Brief

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Parties

Seleka Royal Family

Plaintiff

Seleka sa Motlhasedi Royal Council

Plaintiff

Premier of Limpopo Province

Defendant

House of Traditional Leaders (Limpopo Province)

Defendant

Members of the Executive Council Governance, Human Settlement and Traditional Affairs (Limpopo Province)

Defendant

Acting Chief Phetogo David Seleka

Defendant

Procedural Posture

Special Trial Action / Final Judgment After Trial

Legal Issues

  1. 1 Whether there is sufficient evidence of misconduct by the Fourth Defendant to justify his removal as acting Senior Traditional Leader (kgosi).
  2. 2 Whether the First Defendant is legally obliged to withdraw the recognition certificate and publish the removal in the Provincial Gazette.
  3. 3 Whether the Fourth Defendant's conduct constitutes a transgression of customary law and persistent negligence warranting removal.

Ratio Decidendi

The court found that the Fourth Defendant's conduct, including failure to marry a candle wife as required by custom, desertion of the royal kraal, undermining the authority of the royal family, and persistent negligence in performing his duties, constituted transgressions of customary law and persistent indolence as contemplated by section 13(1) of the Limpopo Traditional Leadership and Institutions Act. The evidence presented by the plaintiffs was corroborated and remained unchallenged, as the Fourth Defendant failed to provide a credible version or refute the allegations. The court held that the First Defendant is legally obliged to withdraw the recognition certificate and publish the...

Court Disposition

Plaintiffs' application for removal of the Fourth Defendant as acting Senior Traditional Leader is granted.

Orders

  • The First Defendant is ordered to withdraw the certificate of recognition issued to the Fourth Defendant (Phetogo David Seleka).
  • The First Defendant must publish a notice with the particulars of the Fourth Defendant in the Provincial Government Gazette soon after his removal.