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Administrative Law [2023] ZASCA 62

Magwala v Chief Sinthumule and Others (744/2021)

Magwala v Chief Sinthumule and Others (744/2021) [2023] ZASCA 62 (5 May 2023)

Court
Supreme Court of Appeal
Case number
744/2021
Judges
Mocumie, Nicholls, Carelse, Matojane, Nhlangulela

The Supreme Court of Appeal held that the dispute regarding the identification of Ms Magwala as headwoman of Gogobole Village was fundamentally a matter of customary law and customs, which required resolution through the mechanisms prescribed by the Limpopo Traditional Leadership and Institutions Act and the Traditional Leadership and Governance Framework Act. The Premier had not made a decision to recognise Ms Magwala, and there was no evidence that the Royal Family had informed the Premier as required. Both the High Court and the Full Court erred by adjudicating the merits of the identifica…

Source excerpt

  • Customary Law Dispute Resolution
  • Traditional Leadership Recognition
  • Limpopo Traditional Leadership Act
  • Framework Act Section 21
  • Identification Of Headwoman
  • Exhaustion Of Internal Remedies
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Constitutional Law [2016] ZACC 47

Tshivhulana Royal Family v Netshivhulana (CCT48/16)

Tshivhulana Royal Family v Netshivhulana (CCT48/16) [2016] ZACC 47; 2017 (6) BCLR 800 (CC) (14 December 2016)

Court
Constitutional Court
Case number
CCT48/16
Judges
Nkabinde ACJ, Cameron J, Froneman J, Jafta J, Khampepe J, Madlanga J, Mhlantla J, Musi AJ, Zondo J

The Constitutional Court held that section 21 of the Traditional Leadership and Governance Framework Act does not require the exhaustion of internal remedies where the dispute is between a traditional community and the Premier, as the Premier is not a traditional community or customary institution. The prescribed internal remedies under section 21 apply only to disputes between or within traditional communities or customary institutions. Once the Premier has made a decision, the dispute is no longer internal and there is no further internal remedy available. The High Court erred in requiring…

Source excerpt

  • Traditional Leadership Recognition
  • Exhaustion Of Internal Remedies
  • Promotion Of Administrative Justice Act
  • Customary Law Dispute Resolution
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About this LexChat collection

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.

Source links and collection timestamps are retained alongside the indexed records.