South Africa Case Law

Mkhari v Premier of the Province of Limpopo and Others (2130/2019)

Mkhari v Premier of the Province of Limpopo and Others (2130/2019) [2025] ZALMPPHC 26 (16 January 2025)

Court

Limpopo High Court, Polokwane

Case number

2130/2019

Judge

M Bresler

The High Court reviewed and set aside a committee recommendation and the Premier’s refusal in a traditional leadership dispute, ordering fresh reconsideration.

• Promotion Of Administrative Justice Act
• Customary Law Of Succession
• Review Of Administrative Action
• Traditional Leadership Disputes
• Procedural Fairness
• Administrative-law

Nyamukamadi Mukumela Denga (Mabirimisa) & Others v Mabirimisa Tshililo Arnold N N O & Others (1296/2021)

Nyamukamadi Mukumela Denga (Mabirimisa) & Others v Mabirimisa Tshililo Arnold N N O & Others (1296/2021) [2022] ZASCA 148 (31 October 2022)

Court

Supreme Court of Appeal

Case number

1296/2021

Judges

Van der Merwe, Molemela, Hughes, Daffue, Chetty

The Supreme Court of Appeal held that the estate of the late Mudzielwana Josiah Denga Mabirimisa was reported and administered under the Black Administration Act in 1998. The existence of a settlement agreement, made an order of court by the Magistrate, and evidence of payments to the appellants' trust, supported the respondents' version that the estate was finalised. The appellants failed to provide sufficient grounds to challenge the validity or effectiveness of the settlement agreement or the Magistrate's order. The repeal of the Black Administration Act did not retrospectively require est…

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• Administration Of Deceased Estates
• Customary Law Of Succession
• Black Administration Act
• Settlement Agreement
• Finalisation Of Estate

Radingwana and Another v Premier: Limpopo Province and Others (Rev 4849/2020)

Radingwana and Another v Premier: Limpopo Province and Others (Rev 4849/2020) [2022] ZALMPPHC 49 (4 October 2022)

Court

Limpopo High Court, Polokwane

Case number

Rev 4849/2020

Judge

Muller

The court found that the Kgatla Commission failed to properly investigate the dispute regarding the succession of the senior traditional leader of the Baroka Ba Radingwana community. The Commission did not call key witnesses, admitted evidence not given under oath, and treated the claimants as adversaries rather than conducting a thorough inquiry. The Premier's decision to accept the Commission's recommendation was therefore unlawful and procedurally unfair. The court held that the identification of a senior traditional leader must be performed by the royal family in accordance with custom an…

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• Traditional Leadership Dispute
• Customary Law Of Succession
• Review Of Administrative Action
• Principle Of Legality
• Promotion Of Administrative Justice Act

Mamadi and Another v Premier Limpopo Province and Others (4052/2018)

Mamadi and Another v Premier Limpopo Province and Others (4052/2018) [2020] ZALMPPHC 97 (26 November 2020)

Court

Limpopo High Court, Polokwane

Case number

4052/2018

Judge

EM Makgoba

The court found that the applicants failed to establish locus standi and that the genealogy and succession they relied upon were not supported by credible evidence. The Kgatla Commission's findings, accepted by the Premier, established that the house of Matshopa is not entitled to the chieftaincy of the Mamadi Traditional Community. The application was riddled with material disputes of fact, which the applicants should have anticipated. The applicants elected to proceed by motion despite these disputes, and their request to refer the matter to oral evidence was made too late and was not justi…

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• Promotion Of Administrative Justice Act
• Customary Law Of Succession
• Locus Standi
• Dispute Of Facts
• Review Of Administrative Action

Cele and Others v Cele and Others (8488/2015)

Cele and Others v Cele and Others (8488/2015) [2017] ZAKZDHC 2 (9 January 2017)

Court

Kwazulu-Natal High Court, Durban

Case number

8488/2015

Judge

Steyn

The court found that the applicants, except for the fifth applicant, were the children of Matshotsho Tholakele Cele and Mfana Cele, who were married in community of property. Upon Tholakele's death, the Intestate Succession Act applied, and Mfana Cele inherited her share of the joint estate. When Mfana Cele remarried the first respondent in community of property, the property became part of their joint estate. Upon Mfana Cele's death, the value of the estate was below the statutory threshold, and the first respondent inherited the property in terms of the Intestate Succession Act. The applica…

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• Intestate Succession
• Community Of Property
• Inheritance Rights
• Customary Law Of Succession

L.M and Another v J.M and Another (63462/12)

L.M and Another v J.M and Another (63462/12) [2014] ZAGPPHC 1026 (10 December 2014)

Court

North Gauteng High Court, Pretoria

Case number

63462/12

Judge

Molefe

The court found that the farms in question were not communal land but were purchased and registered in the deceased's name, making them subject to the rules of intestate succession and constitutional principles. The application of primogeniture, which excluded the children of the second wife from inheriting, was inconsistent with the Constitution's guarantee of equality. The deceased had allocated the two farms to his wives for the benefit of their respective houses, and this arrangement should have been respected in the winding-up of the estate. The court held that the property should devolv…

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• Customary Law Of Succession
• Primogeniture
• Intestate Succession
• Equality Under Constitution
• Polygamous Marriage Inheritance
• Development Of Customary Law

Ngcobo and Another v Van Rensburg and Others (LCC18/97)

Ngcobo and Another v Van Rensburg and Others (LCC18/97) [1997] ZALCC 9 (4 December 1997)

Court

Land Claims Court

Case number

LCC18/97

The court held that the term 'direct descendant' in the Restitution of Land Rights Act should be interpreted broadly, in line with constitutional principles of equality and the purpose of the Act to redress past injustices. While customary law of succession is patrilineal, the Constitution requires that statutory interpretation promote equality and non-discrimination. The applicants, as descendants of the dispossessed landowners, qualify for restitution under the Act. However, the court also considered whether restoration of the land would be just and equitable, taking into account the curren…

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• Restitution Of Land Rights
• Direct Descendant Definition
• Customary Law Of Succession
• Equality Rights
• Interpretation Of Statutes

Mayibuye I-Cremin Committee Re: Sub 121 of Farm Trekboer, District of Klip River KwaZulu-Natal commonly known as "Cremin" (LCC28/96)

Mayibuye I-Cremin Committee Re: Sub 121 of Farm Trekboer, District of Klip River KwaZulu-Natal commonly known as "Cremin" (LCC28/96) [1997] ZALCC 8 (21 November 1997)

Court

Land Claims Court

Case number

28/96

Judges

J Moloto, A Dodson

The Court held that the term 'direct descendant' in the Restitution of Land Rights Act must be given its ordinary meaning, which refers to blood relations in the descending line—children, grandchildren, and more remote descendants. Collateral relatives such as brothers, sisters, nephews, and nieces are excluded from this definition and cannot sustain a claim for restitution. The Court rejected the argument that the term should be interpreted to include intestate heirs or collateral relatives, finding that such an interpretation would require amending the legislation, which is not justified by…

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• Restitution Of Land Rights Act
• Definition Of Direct Descendant
• Expropriation
• Customary Law Of Succession
• Joint Ownership
• Statutory Interpretation