Yende and Another v Premier, Mpumalanga Province and Others (80576/2014) [2017] ZAGPPHC 84 (10 March 2017)

Yende and Another v Premier, Mpumalanga Province and Others (80576/2014) [2017] ZAGPPHC 84 (10 March 2017)

The court found that the Premier's recognition and appointment of Themba Yende as senior traditional leader of the amaYende community complied with the applicable legislative framework and the prevailing customary law and practices of the community. The Commission conducted a thorough investigation, including public hearings and consideration of evidence, and determined that succession among the amaYende is based on the first-born son, regardless of the marital status of his mother. The applicants did not lodge a formal objection or provide evidence of present customary practice to the Commission prior to the decision. The court held that the applicants' reliance on general Zulu customary...

Citation
[2017] ZAGPPHC 84
Parties
Applicant: Felani Yende; Applicant: Amayende Asogenyaneni Royal Family; Respondent: Premier: Mpumalanga Province; Respondent: MEC for Co-operative Governance and Traditional Affairs; Respondent: Chairperson: Commission on Traditional Leadership Disputes and Claims: Mpumalanga Province; Respondent: Themba Michael Yende; Respondent: Amayende Asogenyaneni Traditional Council
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
10 March 2017
Case Number
80576/2014
Procedural Posture
Review Application / Final Judgment After Hearing on Merits
Outcome
Application dismissed with costs awarded against the first and second applicants.
Judges
K La M Manamela
Legal Topics
Promotion of Administrative Justice Act, Customary Law Succession, Traditional Leadership Disputes, Review of Administrative Action
Administrative Law Civil Procedure Promotion of Administrative Justice Act Customary Law Succession Traditional Leadership Disputes Review of Administrative Action

Case Brief

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Parties

Felani Yende

Applicant

Amayende Asogenyaneni Royal Family

Applicant

Premier: Mpumalanga Province

Respondent

MEC for Co-operative Governance and Traditional Affairs

Respondent

Chairperson: Commission on Traditional Leadership Disputes and Claims: Mpumalanga Province

Respondent

Themba Michael Yende

Respondent

Amayende Asogenyaneni Traditional Council

Respondent

Procedural Posture

Review Application / Final Judgment After Hearing on Merits

Legal Issues

  1. 1 Whether the Premier's recognition and appointment of Themba Yende as senior traditional leader of amaYende was lawful and complied with applicable legislation and customary law.
  2. 2 Whether the process followed by the Commission and Premier adhered to the requirements of the Traditional Leadership and Governance Framework Act and PAJA.
  3. 3 Whether the applicants' objections and representations were properly considered in the appointment process.

Ratio Decidendi

The court found that the Premier's recognition and appointment of Themba Yende as senior traditional leader of the amaYende community complied with the applicable legislative framework and the prevailing customary law and practices of the community. The Commission conducted a thorough investigation, including public hearings and consideration of evidence, and determined that succession among the amaYende is based on the first-born son, regardless of the marital status of his mother. The applicants did not lodge a formal objection or provide evidence of present customary practice to the Commission prior to the decision. The court held that the applicants' reliance on general Zulu customary...

Court Disposition

Application dismissed with costs awarded against the first and second applicants.

Orders

  • The application is dismissed.
  • The first and second applicants are liable, jointly and severally, the one paying the other to be absolved, for costs of the application of the first, second and third respondents from after service of the first, second and third respondents' opposing affidavit.