South Africa Case Law

Mangope and Another v Mangope and Another (1814/2024)

Mangope and Another v Mangope and Another (1814/2024) [2024] ZANWHC 126 (14 May 2024)

Court

North West High Court, Mafikeng

Case number

1814/2024

Judge

FMM Reid

The court found that the first applicant is the duly recognized Acting Kgosi of the Bahurutshe Boo Manyana Traditional Community, as confirmed by the Certificate of Recognition issued by the Premier, which has not been withdrawn. The Traditional Leadership and Governance Act vests the authority to convene community meetings and administer community finances exclusively in the Acting Kgosi and the Traditional Council. The first respondent, as a concerned member, does not have the legislative mandate to call meetings or open accounts for community funds. The applicants established a clear right…

Source excerpt

• Final Interdict
• Traditional Leadership Act
• Community Meetings
• Certificate Of Recognition
• Administration Of Traditional Community

Royal Family of Amadlomo and Another v Premier of the Eastern Cape and Others (1944/2020)

Royal Family of Amadlomo and Another v Premier of the Eastern Cape and Others (1944/2020) [2020] ZAECMHC 29 (23 July 2020)

Court

Eastern Cape High Court, Mthatha

Case number

1944/2020

Judge

Mbhele

The High Court dismissed an urgent challenge to the termination of an acting AbaThembu kingship, finding it lapsed automatically by law and that the vehicle was lawfully recovered.

• Traditional Leadership Removal
• Mandament Van Spolie
• Certificate Of Recognition
• Procedural Fairness
• Joinder
• Authority To Institute Proceedings

Seleka Royal Family and Another v Premier of Limpopo Province and Others (2507/2016)

Seleka Royal Family and Another v Premier of Limpopo Province and Others (2507/2016) [2018] ZALMPPHC 4 (8 February 2018)

Court

Limpopo High Court, Polokwane

Case number

2507/2016

Judge

M.G. Phatudi

The court granted removal of an acting traditional leader for misconduct, customary-law transgressions, and persistent neglect, and ordered withdrawal of recognition.

• Removal Of Traditional Leader
• Customary Law Transgression
• Judicial Review
• Certificate Of Recognition
• Provincial Gazette Notice
• Removal-of-traditional-leader

Nesengani and Others v Chairperson of the Davhana Royal Council and Others (204/2008)

Nesengani and Others v Chairperson of the Davhana Royal Council and Others (204/2008) [2016] ZALMPTHC 19 (19 September 2016)

Court

Limpopo High Court, Thohoyandou

Case number

204/2008

Judge

MG Phatudi

The court found that the identification of the Fourth Respondent as Senior Traditional Leader was not performed in accordance with the applicable customary law and legislative framework. The process was flawed because the proper Khadzi was absent from the meeting where the identification occurred, and the Royal Council, rather than the Royal Family, effected the identification. The Premier's recognition of the Fourth Respondent was based on a single notification from the Royal Council, which did not comply with the requirements of the Limpopo Traditional Leadership and Institutions Act, 2005.…

Source excerpt

• Traditional Leadership Recognition
• Judicial Review
• Customary Law Procedure
• Limpopo Traditional Leadership Act
• Promotion Of Administrative Justice Act
• Certificate Of Recognition

Sepadi and Another v Premier of Limpopo Provincial Government and Others (1863, 1864/2014)

Sepadi and Another v Premier of Limpopo Provincial Government and Others (1863, 1864/2014) [2015] ZAGPPHC 1097 (13 October 2015)

Court

North Gauteng High Court, Pretoria

Case number

1863 & 1864/2014

Judge

M G Phatudi

The High Court held that the applicants failed to prove recognition as Headmen because no certificate of recognition was produced, and dismissed the claim with costs.

• Traditional Leadership Recognition
• Remuneration Of Public Office Bearers
• Certificate Of Recognition
• Locus Standi
• Misjoinder
• Public Finance Management

Makhosini v MEC for Local Housing and traditional affairs and Others (697/2006)

Makhosini v MEC for Local Housing and traditional affairs and Others (697/2006) [2007] ZAECHC 60 (17 August 2007)

Court

High Courts - Eastern Cape

Case number

679/2006

Judge

E Revelas

The court confirmed an interim appointment as Chief, joined the Eastern Cape Premier, and upheld orders for recognition, salary, and an interdict against interference.

• Chieftainship Dispute
• Traditional Leadership Recognition
• Joinder Of Parties
• Lis Pendens
• Certificate Of Recognition
• Chieftainship-dispute