South Africa Case Law

Kgoshi Ngoako Isaac Lebogo and Another v Headman Matome Kobe and Others (1204/2021)

Kgoshi Ngoako Isaac Lebogo and Another v Headman Matome Kobe and Others (1204/2021) [2024] ZASCA 160 (18 November 2024)

Court

Supreme Court of Appeal

Case number

1204/2021

Judges

Mocumie, Schippers, Mothle, Weiner, Molefe

The Supreme Court of Appeal held that the review application was instituted almost six years after the respondents became aware of the Premier's decision to remove them as headmen/headwomen. The respondents failed to provide a full and reasonable explanation for the delay and did not bring a proper condonation application. The court found that internal remedies under s 21 of the Framework Act were not applicable, as the Premier was the decision-maker and could not simultaneously act as a party and resolver of the dispute. The delay was inordinate and largely unexplained, undermining the princ…

Source excerpt

• Promotion Of Administrative Justice Act
• Customary Law Leadership
• Undue Delay
• Condonation
• Traditional Leadership Removal

Nyandeni Regional Authority and Another v Commission on Traditional Leadership Disputes and Claims and Others (45462/2008)

Nyandeni Regional Authority and Another v Commission on Traditional Leadership Disputes and Claims and Others (45462/2008) [2017] ZAGPPHC 243 (16 May 2017)

Court

North Gauteng High Court, Pretoria

Case number

45462/2008

Judge

TM Makgoka

The High Court dismissed a review of the Commission’s decision on Nyandeni Paramountcy, holding the Commission acted within its statutory powers.

• Ultra Vires Review
• Customary Law Leadership
• Procedural Fairness
• Irrelevant Considerations
• Statutory Interpretation
• Administrative-law