Thulare v Thulare and Others (470/2023) [2025] ZASCA 100 (7 July 2025)

Thulare v Thulare and Others (470/2023) [2025] ZASCA 100 (7 July 2025)

The Supreme Court of Appeal held that the High Court erred by determining the composition of the royal family for purposes of identifying an acting king or queen under Bapedi custom without any expert or factual evidence. The statutory definition of 'royal family' requires interpretation in light of custom, which was disputed and unsupported by evidence. Both parties accepted that oral and expert evidence was necessary to resolve the dispute. The appeal was upheld, and the matter remitted to the High Court for the hearing of oral and expert evidence on the composition of the royal family and the process for identifying an acting monarch. The Court declined to grant interim relief...

Citation
[2025] ZASCA 100
Parties
Appellant: Manyaku Maria Thulare; Respondent: Morwamohube Ernest Thulare; Respondent: Thoromet Jane 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
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
7 July 2025
Case Number
470/2023
Procedural Posture
Civil Appeal / Appeal From Limpopo Division of the High Court, Polokwane
Outcome
Appeal upheld; matter remitted to the High Court for oral and expert evidence; no order as to costs.
Judges
Zondi, Keightley, Unterhalter, Steyn, Henney
Legal Topics
Traditional Leadership, Customary Law Evidence, Statutory Interpretation, Interim Relief, Remittal for Oral Evidence
Administrative Law Civil Procedure Traditional Leadership Customary Law Evidence Statutory Interpretation Interim Relief Remittal for Oral Evidence

Case Brief

Summary, issues, holding and outcome

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Parties

Manyaku Maria Thulare

Appellant

Morwamohube Ernest Thulare

Respondent

Thoromet Jane 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

Civil Appeal / Appeal From Limpopo Division of the High Court, Polokwane

Legal Issues

  1. 1 Who constitutes the royal family for purposes of identifying an acting king or queen under Bapedi custom when the king dies without a candle wife or heir.
  2. 2 Whether the High Court erred by determining the composition of the royal family without expert or factual evidence on Bapedi customary law.
  3. 3 What process under Bapedi custom governs the identification of an acting king or queen in these circumstances.

Ratio Decidendi

The Supreme Court of Appeal held that the High Court erred by determining the composition of the royal family for purposes of identifying an acting king or queen under Bapedi custom without any expert or factual evidence. The statutory definition of 'royal family' requires interpretation in light of custom, which was disputed and unsupported by evidence. Both parties accepted that oral and expert evidence was necessary to resolve the dispute. The appeal was upheld, and the matter remitted to the High Court for the hearing of oral and expert evidence on the composition of the royal family and the process for identifying an acting monarch. The Court declined to grant interim relief...

Court Disposition

Appeal upheld; matter remitted to the High Court for oral and expert evidence; no order as to costs.

Orders

  • The appeal is upheld with no order as to costs.
  • The matter is remitted to the Limpopo Division of the High Court, Polokwane for the hearing of oral evidence before a different Judge, excluding any Judge who previously adjudicated the disputes between the parties.