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South Africa Case Law

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Administrative Law [2018] ZALMPPHC 68

Dikgale and Others v Premier, Limpopo Province and Others (2422/2018)

Dikgale and Others v Premier, Limpopo Province and Others (2422/2018) [2018] ZALMPPHC 68 (22 November 2018)

The High Court dismissed a late review challenging the recognition of a Dikgale traditional leader, finding non-joinder, delay, and no basis to disturb the appointment.

  • Chieftainship Dispute
  • Customary Law Succession
  • Unreasonable Delay
  • Non Joinder
  • Review Of Administrative Action
  • Chieftainship-dispute
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Administrative Law [2014] ZAGPPHC 600

Phasha and Another v Phasha and Another (63613/2011)

Phasha and Another v Phasha and Another (63613/2011) [2014] ZAGPPHC 600 (17 July 2014)

The court dismissed an application to set aside a traditional leadership recognition, holding that internal remedies were not exhausted and the dispute remained before a commission.

  • Chieftainship Dispute
  • Exhaustion Of Internal Remedies
  • Traditional Leadership Act
  • Declaratory Relief
  • Condonation
  • Customary Law
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Civil Procedure [2007] ZANCHC 8

Premier: Northern Cape v Gaseemelwe and Others (1043/2007)

Premier: Northern Cape v Gaseemelwe and Others (1043/2007) [2007] ZANCHC 8 (14 December 2007)

The court held it lacked jurisdiction over a chieftainship dispute, discharged the rule nisi, transferred the matter to the Bophuthatswana General Division, and awarded costs against the applicants.

  • Jurisdiction Of High Courts
  • Transfer Of Proceedings
  • Chieftainship Dispute
  • Interim Interdict
  • Jurisdiction
  • Transfer-of-proceedings
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Administrative Law [2007] ZAECHC 60

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)

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
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Civil Procedure [2002] ZANWHC 7

Member of the Royal House of Ba-ga-Nawa Tribe v Nawa and Another (91/02)

Member of the Royal House of Ba-ga-Nawa Tribe v Nawa and Another (91/02) [2002] ZANWHC 7 (28 March 2002)

Urgent application to stop the inauguration of a tribal chief failed because urgency was not shown. The court dismissed the interim interdict application with costs.

  • Interim Interdict
  • Locus Standi
  • Urgency
  • Chieftainship Dispute
  • Traditional Authorities Act
  • Urgent-interdict
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Civil Procedure [1992] ZASCA 185

Tshivhase Royal Council and Another v Tshivase and Another, Tshivase and Another v Tshivase and Another (98/89, 171/91)

Tshivhase Royal Council and Another v Tshivase and Another, Tshivase and Another v Tshivase and Another (98/89, 171/91) [1992] ZASCA 185; 1992 (4) SA 852 (AD); [1992] 2 All SA 511 (A) (28 September 1992)

The court held that a chieftainship order was granted on a common mistake about the Khoro’s decision and rescinded it under Rule 42(1)(c).

  • Chieftainship Dispute
  • Rescission Of Judgment
  • Common Mistake
  • Tribal Custom
  • Condonation Of Procedural Irregularities
  • Rescission-of-judgment
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.