Lurhani and Another v Premier of the Eastern Cape Province Government and Others (3048/2013)
Lurhani and Another v Premier of the Eastern Cape Province Government and Others (3048/2013) [2018] ZAECMHC 19; [2018] 2 All SA 836 (ECM) (27 March 2018)
The court found that the Committee and Premier misinterpreted Mpondo customary law by disregarding historical evidence and living practices in the Mbalisweni Traditional Community, which demonstrate that adulterine children have succeeded to traditional leadership positions where there is no male issue from the deceased's marriages. The Committee distorted key witness evidence and ignored relevant submissions, resulting in recommendations that were irrational and misleading. The Premier failed to apply her mind to all available evidence, relying solely on the Committee's flawed recommendation…
Source excerpt
- Traditional Leadership Disputes
- Customary Law Succession
- Review Of Administrative Action
- Living Customary Law
- Constitutional Rights Of Cultural Communities