Sekgopo v Premier of Limpopo Province and Others (5799/2018 ; 2950/2024) [2025] ZALMPPHC 93 (29 April 2025)
The court found that there are compelling reasons to grant leave to appeal to the Full Court of the Limpopo Division of the High Court, Polokwane, in respect of paragraphs 264.2 and 264.3 of the original order. The court identified an error in the application 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, and determined that the matter should be reconsidered by the Full Court. The court stood by the reasons given in the written judgment handed down in the court a quo but considered it appropriate to grant leave to appeal on the specified grounds. Costs were ordered to be costs in the...
- Citation
- [2025] ZALMPPHC 93
- Parties
- Applicant: William Matsorang Sekgopo; Respondent: The Premier of Limpopo Province; Respondent: Mokgadi Josephine Sekgopo; Respondent: The MEC for Co-operative Governance and Human Settlement and Traditional Affairs; Respondent: The Commission on Traditional Leadership Disputes and Claims (CTLDC); Respondent: Limpopo Provincial Committee on Traditional Leadership Disputes & Claims (CTLDC); Respondent: Commissioner Kgatla N.O.; Respondent: Dr P.X Shilubane N.O.; Respondent: Mr T. Mahosi N.O.; Respondent: Dr M.W Mhlaba N.O.; Respondent: Sekgopo Traditional Council; Respondent: Sekgopo Royal Family; Applicant: Sekgopo Traditional Council; Applicant: Mokgadi Josephine Sekgopo; Respondent: The Commission on Traditional Leadership, Disputes and Claims (CTLDC); Respondent: Limpopo Provincial Committee on Traditional Leadership Disputes and Claims; Respondent: Dr PX Shilubane N.O.; Respondent: Dr MW Mhlaba N.O.; Respondent: Mr T Mahosi N.O.; Respondent: William Matsorang Sekgopo; Respondent: The Premier of the Limpopo Province; Respondent: The MEC for Co-operative Governance, Human Settlements and Traditional Affairs; Respondent: Limpopo Provincial House of Traditional Leaders
- Court
- Limpopo High Court, Polokwane
- Jurisdiction
- South Africa
- Judgment Date
- 29 April 2025
- Case Number
- 5799/2018 ; 2950/2024
- Procedural Posture
- Leave to Appeal / Application for Leave to Appeal Following Judgment in Court a Quo
- Outcome
- Leave to appeal granted to the Full Court of the Limpopo Division of the High Court, Polokwane, in respect of specified paragraphs of the original order. Costs to be costs in the appeal.
- Judges
- M. Naude-Odendaal
- Legal Topics
- Traditional Leadership Disputes, Leave to Appeal, Section 59 Traditional and Khoi San Leadership Act, Limpopo Traditional Leadership and Institutions Act
Case Brief
Summary, issues, holding and outcome
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Parties
William Matsorang Sekgopo
Applicant
The Premier of Limpopo Province
Respondent
Mokgadi Josephine Sekgopo
Respondent
The MEC for Co-operative Governance and Human Settlement and Traditional Affairs
Respondent
The Commission on Traditional Leadership Disputes and Claims (CTLDC)
Respondent
Limpopo Provincial Committee on Traditional Leadership Disputes & Claims (CTLDC)
Respondent
Commissioner Kgatla N.O.
Respondent
Dr P.X Shilubane N.O.
Respondent
Mr T. Mahosi N.O.
Respondent
Dr M.W Mhlaba N.O.
Respondent
Sekgopo Traditional Council
Respondent
Sekgopo Royal Family
Respondent
Sekgopo Traditional Council
Applicant
Mokgadi Josephine Sekgopo
Applicant
The Commission on Traditional Leadership, Disputes and Claims (CTLDC)
Respondent
Limpopo Provincial Committee on Traditional Leadership Disputes and Claims
Respondent
Dr PX Shilubane N.O.
Respondent
Dr MW Mhlaba N.O.
Respondent
Mr T Mahosi N.O.
Respondent
William Matsorang Sekgopo
Respondent
The Premier of the Limpopo Province
Respondent
The MEC for Co-operative Governance, Human Settlements and Traditional Affairs
Respondent
Limpopo Provincial House of Traditional Leaders
Respondent
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Judgment in Court a Quo
Legal Issues
- 1 Whether there are compelling reasons to grant leave to appeal against specific paragraphs of the order in the original judgment.
- 2 Whether the court a quo erred in its application 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 Whether the Premier's powers were correctly exercised in accordance with the relevant statutory provisions.
Ratio Decidendi
The court found that there are compelling reasons to grant leave to appeal to the Full Court of the Limpopo Division of the High Court, Polokwane, in respect of paragraphs 264.2 and 264.3 of the original order. The court identified an error in the application 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, and determined that the matter should be reconsidered by the Full Court. The court stood by the reasons given in the written judgment handed down in the court a quo but considered it appropriate to grant leave to appeal on the specified grounds. Costs were ordered to be costs in the...
Court Disposition
Leave to appeal granted to the Full Court of the Limpopo Division of the High Court, Polokwane, in respect of specified paragraphs of the original order. Costs to be costs in the appeal.
Orders
- Leave to appeal is granted to the Full Court of the Limpopo Division of the High Court, Polokwane, against paragraphs 264.2 and 264.3 of the order in case number 5799/2018.
- Leave to appeal is granted to the Full Court of the Limpopo Division of the High Court, Polokwane, in case number 2950/2024.
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