South Africa Case Law

Kobe and Others v Lebogo and Others (HCAA14/2020)

Kobe and Others v Lebogo and Others (HCAA14/2020) [2021] ZALMPPHC 31 (28 June 2021)

Court

Limpopo High Court, Polokwane

Case number

HCAA14/2020

Judges

MF Kganyago, EM Makgoba, G Muller

The court found that the appellants were not required to bring a condonation application for late filing of their review application, as they instituted proceedings within the 180-day period after exhausting internal remedies, as required by PAJA. The process of removing the appellants as headmen/women was procedurally unfair and did not comply with statutory and constitutional requirements. The appellants were not properly notified, were denied a fair hearing, and did not receive written reasons for their removal. The identification of their successors was not conducted by the appropriate ro…

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• Promotion Of Administrative Justice Act
• Traditional Leadership Removal
• Audi Alteram Partem
• Condonation For Late Review
• Customary Law Procedure

Seleka v Seleka Royal Family and Others (HCAA21/2018)

Seleka v Seleka Royal Family and Others (HCAA21/2018) [2021] ZALMPPHC 28 (28 May 2021)

Court

Limpopo High Court, Polokwane

Case number

HCAA21/2018

Judges

GC Muller, MV Semenya, EM Makwela

The Full Court held that the trial court committed a serious procedural irregularity by failing to inform the appellant, who appeared in person, of his right to cross-examine a witness and by excusing the witness without affording the appellant the opportunity to do so. This irregularity prejudiced the appellant and resulted in an unfair trial, violating section 34 of the Constitution. The right to cross-examination is a deeply entrenched procedural right in civil proceedings and is essential to the fairness of the trial. The irregularity was sufficiently serious to vitiate the proceedings, w…

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• Right To Fair Trial
• Cross Examination
• Traditional Leadership Removal
• Locus Standi
• Limpopo Traditional Leadership Act
• Customary Law Procedure

Nesengani and Others v Chairperson of the Davhana Royal Council and Others (204/2008)

Nesengani and Others v Chairperson of the Davhana Royal Council and Others (204/2008) [2016] ZALMPTHC 19 (19 September 2016)

Court

Limpopo High Court, Thohoyandou

Case number

204/2008

Judge

MG Phatudi

The court found that the identification of the Fourth Respondent as Senior Traditional Leader was not performed in accordance with the applicable customary law and legislative framework. The process was flawed because the proper Khadzi was absent from the meeting where the identification occurred, and the Royal Council, rather than the Royal Family, effected the identification. The Premier's recognition of the Fourth Respondent was based on a single notification from the Royal Council, which did not comply with the requirements of the Limpopo Traditional Leadership and Institutions Act, 2005.…

Source excerpt

• Traditional Leadership Recognition
• Judicial Review
• Customary Law Procedure
• Limpopo Traditional Leadership Act
• Promotion Of Administrative Justice Act
• Certificate Of Recognition

Blackhill Engineering & Construction CC v Baolong Boora Tshidi Tribal Authority and Others (385/2009)

Blackhill Engineering & Construction CC v Baolong Boora Tshidi Tribal Authority and Others (385/2009) [2012] ZANWHC 21 (31 May 2012)

Court

North West High Court, Mafikeng

Case number

385/2009

Judge

A A Landman

The High Court held that tribal resolutions granting mining rights were invalid because they were not adopted at a proper community meeting under the governing land-rights law.

• Informal Land Rights
• Tribal Resolutions
• Customary Law Procedure
• Mineral Rights
• Interim Protection Of Informal Land Rights Act
• Informal-land-rights