Sekgopo v Premier of Limpopo Province and Others (5799/2018 ; 2950/2024) [2025] ZALMPPHC 93 (29 April 2025)

REPUBLIC

OF SOUTH AFRICA

IN

THE HIGH COURT OF SOUTH AFRICA

(LIMPOPO DIVISION, POLOKWANE)

CASE NO: 5799/2018

AND

CASE NO: 2950/2024

(1) REPORTABLE: YES/NO

(2) OF INTEREST TO THE JUDGES: YES/NO

(3) REVISED: YES/NO

SIGNATURE: Naude-Odendaal J

DATE: 29/04/2025

In the matter under Case No 5799/2018 between: -

WILLIAM

MATSORANG SEKGOPO Applicant And

THE

PREMIER OF LIMPOPO PROVINCE First Respondent

MOKGADI

JOSEPHINE SEKGOPO Second Respondent THE MEC FOR CO-OPERATIVE GOVERNANCE

AND

HUMAN SETTLEMENT AND TRADITIONAL

AFFAIRS Third Respondent

THE

COMMISSION ON TRADITIONAL

LEADERSHIP

DISPUTES AND

CLAIMS ("CTLDC") Fourth Respondent

LIMPOPO

PROVINCIAL COMMITTEE

ON

TRADITIONAL LEADERSHIP DISPUTES & CLAIMS (CTLDC) Fifth Respondent

COMMISSIONER KGATLA N.O Sixth Respondent DR P.X SHILUBANE N.O Seventh Respondent MR T. MAHOSI N.O Eighth Respondent DR M.W MHLABA N.O Ninth Respondent

SEKGOPO

TRADITIONAL COUNCIL Tenth Respondent

SEKGOPO

ROYAL FAMILY Eleventh Respondent AND in the matter under CASE NO 2950/2024 between: -

SEKGOPO

TRADITIONAL COUNCIL First Applicant

MOKGADI

JOSEPHINE SEKGOPO Second Applicant and

THE

COMMISSION ON TRADITIONAL LEADERSHIP,

DISPUTES AND CLAIMS ("CTLDC") First Respondent

LIMPOPO

PROVINCIAL COMMITTEE ON

TRADITIONAL

LEADERSHIP DISPUTES

AND

CLAIMS Second Respondent

COMMISSIONER KGATLA N.O. Third Respondent DR. PX SHILUBANE N.O. Fourth Respondent DR. MW MHLABA N.O. Fifth Respondent MR. T MAHOSI N.O. Sixth Respondent

WILLIAM

MATSORANG SEKGOPO Seventh Respondent

THE

PREMIER OF THE LIMPOPO PROVINCE Eighth Respondent THE MEC FOR CO-OPERATIVE GOVERNANCE,

HUMAN

SETTLEMENTS AND TRADITIONAL AFFAIRS Ninth Respondent

LIMPOPO

PROVINCIAL HOUSE OF

TRADITIONAL

LEADERS Tenth Respondent

SEKGOPO

ROYAL FAMILY Eleventh Respondent

ORDER

AND SHORT REASONS

HAVING READ the record, and having reconsidered the Judgment in the above two matters heard as one, and having heard Legal Representation on behalf of the parties in the Application for Leave to Appeal, the following order is made:-

CASE NUMBER 5799/2018:

1. I stand by the reasons as per the written judgment handed down in the court a quo, in the above matter.

2. The application for leave to appeal is however granted to the Full Court of the Limpopo Division of the High Court, Polokwane, against paragraphs 264.2 and 264.3 of the order only, on the grounds that there exist compelling reason to grant leave to appeal and having considered the court a quo's order it is clear that an error reflects in the order in paragraph 264.2 in that the court a quo ordered that the matter be dealt with by the Premier "in accordance with the empowering provisions of Section 59 of the Traditional and Khoi-San Leadership Act, 3 of 2019, read with the Limpopo Traditional Leadership and Institutions Act, 6 of 2005."

3. Costs to be costs in the Appeal.

CASE NUMBER 2950/2024:

4. I stand by the reasons as per the written judgment handed down in the court a quo, in the above matter.

5. The application for leave to appeal is however granted to the Full Court of the Limpopo Division of the High Court, Polokwane, on the grounds that in my opinion there exist compelling reason to grant leave to appeal.

6. Costs to be costs in the Appeal.

M. NAUDE-ODENDAAL

JUDGE

OF THE LIMPOPO DIVISION

OF THE HIGH COURT,

POLOKWANE