Sigcau and Another v Minister of Cooperative Governance and Traditional Affairs and Others (612/2016) [2017] ZASCA 80; [2017] 3 All SA 608 (SCA) (7 June 2017)

Sigcau and Another v Minister of Cooperative Governance and Traditional Affairs and Others (612/2016) [2017] ZASCA 80; [2017] 3 All SA 608 (SCA) (7 June 2017)

The Supreme Court of Appeal held that the President is not required to consult the royal family under section 9 of the Old Act when implementing a decision of the Commission on Traditional Leadership Disputes and Claims regarding kingship. The process of consultation is built into the Commission's investigation and decision-making process, and once the Commission has made its decision, the President's role is limited to implementation. Section 9 applies only to uncontested succession, not to cases resolved by the Commission. The deeming provisions under section 28 of the Old Act and section 26 of the New Act do not bestow kingship status where the Commission did not uphold the claim....

Citation
[2017] ZASCA 80
Parties
Appellant: Wezizwe Feziwe Sigcau; Appellant: Lombekiso Makhosatsini Masobhuza Sigcau; Respondent: Minister of Cooperative Governance and Traditional Affairs; Respondent: President of the Republic of South Africa; Respondent: Commission on Traditional Leadership Disputes and Claims
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
7 June 2017
Case Number
612/2016
Procedural Posture
Civil Appeal / Appeal From Gauteng Division of the High Court, Pretoria
Outcome
Appeal dismissed.
Judges
Shongwe, Navsa, Zondi, Dambuza, Gorven
Legal Topics
Customary Law, Traditional Leadership Disputes, Statutory Interpretation, Recognition of Kingship
Administrative Law Constitutional Law Customary Law Traditional Leadership Disputes Statutory Interpretation Recognition of Kingship

Case Brief

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Parties

Wezizwe Feziwe Sigcau

Appellant

Lombekiso Makhosatsini Masobhuza Sigcau

Appellant

Minister of Cooperative Governance and Traditional Affairs

Respondent

President of the Republic of South Africa

Respondent

Commission on Traditional Leadership Disputes and Claims

Respondent

Procedural Posture

Civil Appeal / Appeal From Gauteng Division of the High Court, Pretoria

Legal Issues

  1. 1 Whether the President is required to consult the royal family under section 9 of the Old Act before implementing the Commission's decision on kingship.
  2. 2 Whether the implementation of the Commission's decision requires compliance with section 10(1)(c) of the Old Act regarding removal of a king.
  3. 3 Whether the deeming provisions under section 28 of the Old Act and section 26 of the New Act bestow the status of king where the Commission did not uphold the claim to kingship.

Ratio Decidendi

The Supreme Court of Appeal held that the President is not required to consult the royal family under section 9 of the Old Act when implementing a decision of the Commission on Traditional Leadership Disputes and Claims regarding kingship. The process of consultation is built into the Commission's investigation and decision-making process, and once the Commission has made its decision, the President's role is limited to implementation. Section 9 applies only to uncontested succession, not to cases resolved by the Commission. The deeming provisions under section 28 of the Old Act and section 26 of the New Act do not bestow kingship status where the Commission did not uphold the claim....

Court Disposition

Appeal dismissed.

Orders

  • The appeal is dismissed.