Yende and Another v Yende and Another (1128/19) [2020] ZASCA 179 (18 December 2020)

Yende and Another v Yende and Another (1128/19) [2020] ZASCA 179 (18 December 2020)

The Supreme Court of Appeal held that the process leading to the recognition of Themba Yende as senior traditional leader of the amaYende was procedurally unfair and unlawful. The respondents, as core members of the Royal Family, were excluded from meaningful participation in the Commission's process, violating the audi alteram partem principle and the requirements of the Framework Act. The Commission failed to consider evidence of the living customary law of the amaYende, instead relying on unsupported assertions. The nomination of Themba Yende was fatally defective due to the absence of other Royal Family members and the lack of evidence of evolved succession customs. The Premier's...

Citation
[2020] ZASCA 179
Parties
Appellant: Themba Yende; Appellant: Amayende Asogenyaneni Traditional Council; Respondent: Felani Yende; Respondent: Amayende Asogenyaneni Royal Family
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
18 December 2020
Case Number
1128/19
Procedural Posture
Civil Appeal / Appeal From the Gauteng Division of the High Court, Pretoria, Sitting as a Court of Appeal
Outcome
Appeal dismissed with costs.
Judges
Petse, Mbha, Zondi, Mocumie, Molemela
Legal Topics
Customary Law Succession, Traditional Leadership, Promotion of Administrative Justice Act, Procedural Fairness
Administrative Law Family and Children Customary Law Succession Traditional Leadership Promotion of Administrative Justice Act Procedural Fairness

Case Brief

Summary, issues, holding and outcome

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Parties

Themba Yende

Appellant

Amayende Asogenyaneni Traditional Council

Appellant

Felani Yende

Respondent

Amayende Asogenyaneni Royal Family

Respondent

Procedural Posture

Civil Appeal / Appeal From the Gauteng Division of the High Court, Pretoria, Sitting as a Court of Appeal

Legal Issues

  1. 1 Whether the relevant Royal Family was afforded the right to make representations to the Commission.
  2. 2 Whether the provisions of the Traditional Leadership and Governance Framework Act were complied with.
  3. 3 Whether the living amaYende customary law was proven to the Commission.

Ratio Decidendi

The Supreme Court of Appeal held that the process leading to the recognition of Themba Yende as senior traditional leader of the amaYende was procedurally unfair and unlawful. The respondents, as core members of the Royal Family, were excluded from meaningful participation in the Commission's process, violating the audi alteram partem principle and the requirements of the Framework Act. The Commission failed to consider evidence of the living customary law of the amaYende, instead relying on unsupported assertions. The nomination of Themba Yende was fatally defective due to the absence of other Royal Family members and the lack of evidence of evolved succession customs. The Premier's...

Court Disposition

Appeal dismissed with costs.

Orders

  • The appeal is dismissed with costs.
  • The 15-day period for convening the Royal Family meeting is reckoned from the date of this judgment.