Tshibvumo Royal Family and Another v Rambuda and Others (801/2018) [2020] ZALMPTHC 9 (29 October 2020)

Tshibvumo Royal Family and Another v Rambuda and Others (801/2018) [2020] ZALMPTHC 9 (29 October 2020)

The court found that the fifth respondent failed to follow the procedures required by section 12(2) of the Limpopo Traditional Leadership and Institution Act when recognising the second respondent as headman of Tshibvumo settlement. The existence of a dispute between two royal families regarding succession triggered the obligation to refer the matter for recommendations or reconsideration, which was not done. The court order of 24 March 2016 was final and remained enforceable, and the withdrawal of the application pertained only to costs, not the substantive dispute. The fifth respondent acted on misinformation and did not exhaust the internal remedies provided by the Act. Consequently,...

Citation
[2020] ZALMPTHC 9
Parties
Applicant: Tshibvumo Royal Family; Applicant: Mbulaheni Lucas Mavhungu; Respondent: Chief Avhatendi Ratshibvumo 2 Rambuda; Respondent: Ndwambi Donald Rambuda; Respondent: Rambuda Traditional Council; Respondent: Rambuda Royal Family; Respondent: Premier of Limpopo Province; Respondent: MEC COGHSTA
Court
Limpopo High Court, Thohoyandou
Jurisdiction
South Africa
Judgment Date
29 October 2020
Case Number
801/2018
Procedural Posture
Review Application / Judgment After Review Proceedings
Outcome
Application for review granted; decision of the fifth respondent set aside and matter referred back for proper procedure.
Judges
Kganyago
Legal Topics
Traditional Leadership Dispute, Customary Law Succession, Review of Administrative Action, Internal Remedies Exhaustion
Administrative Law Land and Property Traditional Leadership Dispute Customary Law Succession Review of Administrative Action Internal Remedies Exhaustion

Case Brief

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Parties

Tshibvumo Royal Family

Applicant

Mbulaheni Lucas Mavhungu

Applicant

Chief Avhatendi Ratshibvumo 2 Rambuda

Respondent

Ndwambi Donald Rambuda

Respondent

Rambuda Traditional Council

Respondent

Rambuda Royal Family

Respondent

Premier of Limpopo Province

Respondent

MEC COGHSTA

Respondent

Procedural Posture

Review Application / Judgment After Review Proceedings

Legal Issues

  1. 1 Whether the fifth respondent's decision to recognise the second respondent as headman of Tshibvumo settlement was lawful.
  2. 2 Which royal family has the authority to identify the successor to the deceased headwoman of Tshibvumo settlement.
  3. 3 Whether internal remedies under the Limpopo Traditional Leadership and Institution Act were properly exhausted before recognition.

Ratio Decidendi

The court found that the fifth respondent failed to follow the procedures required by section 12(2) of the Limpopo Traditional Leadership and Institution Act when recognising the second respondent as headman of Tshibvumo settlement. The existence of a dispute between two royal families regarding succession triggered the obligation to refer the matter for recommendations or reconsideration, which was not done. The court order of 24 March 2016 was final and remained enforceable, and the withdrawal of the application pertained only to costs, not the substantive dispute. The fifth respondent acted on misinformation and did not exhaust the internal remedies provided by the Act. Consequently,...

Court Disposition

Application for review granted; decision of the fifth respondent set aside and matter referred back for proper procedure.

Orders

  • The decision of the fifth respondent to recognise the second respondent as the headman of Tshibvumo settlement with effect from 9 March 2018 is reviewed and set aside.
  • The matter is referred back to the fifth respondent to be dealt with in accordance with the remedies available to him in terms of the Limpopo Traditional Leadership and Institution Act.