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South Africa decisions
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Mbubana v Commissioner Kgatla R.T and Others (800/2018) [2025] ZALMPTHC 10 (20 May 2025)
The High Court dismissed a review of the Premier’s refusal to restore Mbubana senior traditional leadership, finding non-compliance with statutory requirements and key joinder defects.
Mohlaba and Others v Minister of Cooperative Governance and Traditional Affairs and Others (CCT 07/24) [2024] ZACC 32; 2025 (4) BCLR 442 (CC) (20 December 2024)
Section 25 of the Limpopo Traditional Leadership and Institutions Act 6 of 2005 is unconstitutional because it unlawfully delegates the power to impose compulsory levies (taxes) to traditional councils and the Premier, contrary to the Constitution which reserves taxing powers for elected legislative bodies and prohibits such delegation. The levies imposed under section 25 are compulsory, uniformly applied, paid into a general fund, and used for general purposes, meeting all criteria for a tax. Traditional leaders, as unelected bodies, have no constitutional or customary law authority to impos…
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Mathebula v Simango (Appeal) (HCA39/2023) [2024] ZALMPPHC 210 (23 July 2024)
The High Court dismissed most of an appeal against a final interdict over land use, but upheld part of the order preventing future demarcation by a traditional authority.
Prince Mbonisi Bekithemba Ka Bhekuzulu and Others v President of the Republic of South Africa and Others (17018/2023P) [2024] ZAKZPHC 47 (13 June 2024)
The High Court dismissed an urgent Part A application seeking interim interdicts over Ingonyama Trust funds and provincial funding linked to King Misuzulu’s status.
Bakgatla Ba Mocha Ba Phopolo Traditional Community (Of Mmametlhake) and Another v Premier: Mpumalanga Province and Others (A255/2022) [2024] ZAGPPHC 491 (24 May 2024)
The appeal succeeded because the failure to join the Bakgatla Ba Mmakau Community and Royal Family, who have a direct and substantial interest in the recognition of a traditional community and leader, was fatal to the appellants' application. The court a quo erred in proceeding to determine the merits without these parties. The proper course was to uphold the point in limine and afford the appellants an opportunity to remedy the non-joinder. The order of the court a quo was set aside, and the appellants were granted leave to join the necessary parties within 20 days. Costs were awarded to the…
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Manzi v Manzi (Born Ntsizi) and Others (896/2024) [2024] ZAECMHC 28 (14 May 2024)
Leave to appeal was refused in a burial-dispute matter after the court found no reasonable prospects of success and ordered attorney-and-client costs.
Hinana v Commission on Traditional Leadership Disputes and Claims and Others (878/2017) [2024] ZAECMHC 14 (26 March 2024)
High Court review of a traditional leadership dispute. The court set aside decisions relating to the amaQwathi chieftainship and found the process procedurally unfair.
Zondo v Premier of The Province Kwazulu-Natal and Others (15970/2022P) [2024] ZAKZPHC 16 (13 March 2024)
The court found that the third respondent's appointment and recognition as iNkosi in 1993 was supported by documentary evidence and had remained unchallenged for nearly 30 years. The applicant's challenge to the appointment was manifestly late and insulated from review under PAJA due to unreasonable delay. The Premier's decision to abide by the recommendations of the Injula Lwazi Research Institute was lawful, based on a comprehensive investigation, and complied with the procedural requirements of section 21 of the KwaZulu-Natal Traditional Leadership and Governance Act. The applicant failed…
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Makgamatha v Ngwenya (028546-2023) [2024] ZAGPJHC 187 (27 February 2024)
The High Court granted joinder to an applicant claiming a direct interest in a deceased estate dispute involving inheritance, executorship and a contested divorce settlement.
Mtirara and Others v Premier of the Eastern Cape Province and Others (3132/2021) [2024] ZAECMHC 2 (23 January 2024)
The High Court dismissed a review over traditional leadership recognition for failure to exhaust internal remedies and unreasonable delay.
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