Thulare v Thulare and Others In Re: Thulare and Another v Thulare and Others (8767/2021) [2022] ZALMPPHC 53 (19 October 2022)

Thulare v Thulare and Others In Re: Thulare and Another v Thulare and Others (8767/2021) [2022] ZALMPPHC 53 (19 October 2022)

The court found that the meeting of 28 February 2021 was the only properly constituted royal family meeting, attended by the requisite immediate and close relatives as required by statute and custom. The decision to appoint Morwamohube Ernest Thulare as Acting King and seed raiser was valid and in accordance with Bapedi tradition, which dictates that in the absence of a candle wife and hereditary successor, the most senior brother is appointed to revive the house. The meetings convened by Manyaku Maria Thulare on 21 February and 9 March 2021 were not properly constituted, attended only by a limited group and outsiders, and did not comply with statutory requirements. The evidence...

Citation
[2022] ZALMPPHC 53
Parties
Applicant: Manyaku Maria Thulare; Respondent: Morwamohube Ernest Thulare; Respondent: Thorometjane Deborah Thulare; Respondent: The Premier, Limpopo Province; Respondent: The Minister of Co-operative Governance & Traditional Affairs; Respondent: The President of the Republic of South Africa; Respondent: Limpopo House of Traditional Leaders
Court
Limpopo High Court, Polokwane
Jurisdiction
South Africa
Judgment Date
19 October 2022
Case Number
8767/2021
Procedural Posture
Review Application / Final Judgment on Consolidated Applications
Outcome
Main application granted; counter application dismissed; costs awarded against Manyaku Maria Thulare.
Judges
E M Makgoba
Legal Topics
Traditional Leadership Succession, Customary Law Application, Royal Family Composition, Acting Traditional Leader Recognition, Limpopo Traditional Leadership Act, Khoi San Leadership Act
Administrative Law Family and Children Traditional Leadership Succession Customary Law Application Royal Family Composition Acting Traditional Leader Recognition Limpopo Traditional Leadership Act Khoi San Leadership Act

Case Brief

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Parties

Manyaku Maria Thulare

Applicant

Morwamohube Ernest Thulare

Respondent

Thorometjane Deborah Thulare

Respondent

The Premier, Limpopo Province

Respondent

The Minister of Co-operative Governance & Traditional Affairs

Respondent

The President of the Republic of South Africa

Respondent

Limpopo House of Traditional Leaders

Respondent

Procedural Posture

Review Application / Final Judgment on Consolidated Applications

Legal Issues

  1. 1 Whether the meetings of 21 February 2021 and 9 March 2021 constituted properly constituted royal family meetings of the late King Thulare Victor Thulare III.
  2. 2 Whether Manyaku Maria Thulare qualifies as Acting Queen or Regent in terms of Bapedi customary law.
  3. 3 Whether the meeting of 28 February 2021 was a properly constituted royal family meeting and its decision valid.

Ratio Decidendi

The court found that the meeting of 28 February 2021 was the only properly constituted royal family meeting, attended by the requisite immediate and close relatives as required by statute and custom. The decision to appoint Morwamohube Ernest Thulare as Acting King and seed raiser was valid and in accordance with Bapedi tradition, which dictates that in the absence of a candle wife and hereditary successor, the most senior brother is appointed to revive the house. The meetings convened by Manyaku Maria Thulare on 21 February and 9 March 2021 were not properly constituted, attended only by a limited group and outsiders, and did not comply with statutory requirements. The evidence...

Court Disposition

Main application granted; counter application dismissed; costs awarded against Manyaku Maria Thulare.

Orders

  • It is declared that the meeting held by the Thulare Royal Family on 28 February 2021 was a properly constituted meeting of a royal family.
  • It is declared that the decision taken by the Thulare Royal Family at the meeting of 28 February 2021 to appoint Morwamohube Ernest Thulare as Acting King and seed raiser was lawful.