South Africa Case Law

Langa v Premier, Limpopo and Others (CCT 174/20)

Langa v Premier, Limpopo and Others (CCT 174/20) [2021] ZACC 38; 2022 (3) BCLR 367 (CC) (5 November 2021)

Court

Constitutional Court

Case number

CCT 174/20

Judges

Khampepe, Jafta, Madlanga, Majiedt, Mhlantla, Pillay, Theron, Tlaletsi, Tshiqi

The Premier of Limpopo acted unlawfully by purporting to remove the applicant as senior traditional leader and recognising the fifth respondent under section 13(3)(b) of the Limpopo Act, which does not confer such powers in cases of wrongful appointment or recognition. The correct procedure requires the Premier to act on a commission's recommendation under sections 25 and 26 of the Framework Act, read with section 30 of the Limpopo Act. The Premier's reliance on the wrong statutory provision rendered the withdrawal and recognition notices invalid. However, given the practical consequences and…

Source excerpt

• Traditional Leadership Disputes
• Ultra Vires
• Principle Of Legality
• Prospective Invalidation
• Review Of Administrative Action
• Customary Law Appointment

Premier of the Eastern Cape and Others v Ntamo and Others (169/14)

Premier of the Eastern Cape and Others v Ntamo and Others (169/14) [2015] ZAECBHC 14; 2015 (6) SA 400 (ECB); [2015] 4 All SA 107 (ECB) (18 August 2015)

Court

Eastern Cape High Court, Bhisho

Case number

169/14

Judges

C Plasket, JD Pickering, B Sandi

The court held that the applicable customary law in Cala Reserve requires the community to elect its headman, a practice established for over a century and consistent with constitutional values of democratic governance. Section 18 of the Traditional Leadership and Governance Act mandates that the royal family must have due regard to applicable customary law when identifying a headman. The evidence of Professor Ntsebeza, which was unchallenged, established that the community's right to elect its headman is part of its customary law. The MEC and royal family failed to comply with this requireme…

Source excerpt

• Customary Law Appointment
• Traditional Leadership Governance Act
• Review Of Administrative Action
• Declaratory Relief
• Separation Of Powers

Ndamase v Ndamase and Others (1961/2010)

Ndamase v Ndamase and Others (1961/2010) [2015] ZAECMHC 54 (23 April 2015)

Court

Eastern Cape High Court, Mthatha

Case number

1961/2010

Judge

Majiki

High Court dismissed an application challenging the nomination of a headman in Zinkumbini, finding the king’s customary prerogative and residency requirements were not met.

• Traditional Leadership Act
• Customary Law Appointment
• Locus Standi
• Hereditary Headmanship
• Judicial Review
• Gender Discrimination

Gwadiso and Another v Member of the Executive Council: Department of Housing and Local Government and Traditional Affairs and Another (1003/2007)

Gwadiso and Another v Member of the Executive Council: Department of Housing and Local Government and Traditional Affairs and Another (1003/2007) [2008] ZAECHC 181 (30 October 2008)

Court

High Courts - Eastern Cape

Case number

1003/2007

Judge

Petse ADJP

The court held that the MEC could revoke a wrongful headman appointment under section 20(1)(c) of the Traditional Leadership and Governance Act.

• Traditional Leadership And Governance Act
• Removal Of Traditional Leader
• Statutory Interpretation
• Functus Officio
• Customary Law Appointment
• Traditional-leadership-and-governance