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South Africa Case Law

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Administrative Law [2025] ZANWHC 52

Pilane and Others v Premier of the North West Province and Others (M539/2019 ; UM239/2022)

Pilane and Others v Premier of the North West Province and Others (M539/2019 ; UM239/2022) [2025] ZANWHC 52 (12 March 2025)

Court
North West High Court, Mafikeng
Case number
M539/2019 ; UM239/2022
Judge
A Reddy

The court found that the Commission of Inquiry failed to quorate and did not provide a complete record of its proceedings, undermining the reliability and lawfulness of its findings and recommendations. The Premier, in accepting and approving the Commission's recommendations, failed to provide adequate reasons for his administrative decisions, violating the requirements of PAJA and the constitutional principle of legality. The Premier's statutory powers are limited to recognition of traditional leaders designated by the Royal Family, not designation, and the process followed excluded affected…

Source excerpt

  • Promotion Of Administrative Justice Act
  • Traditional Leadership Recognition
  • Customary Law Review
  • Quorum Of Commissions
  • Failure To Provide Reasons
  • Principle Of Legality
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Administrative Law [2014] ZASCA 30

Mamone v Commission of Traditional Leadership Dispute And Claims and Others (260/13)

Mamone v Commission of Traditional Leadership Dispute And Claims and Others (260/13) [2014] ZASCA 30; [2014] 3 All SA 1 (SCA) (28 March 2014)

Court
Supreme Court of Appeal
Case number
260/13
Judges
Maya, Leach, Theron, Willis, Mocumie

The Supreme Court of Appeal held that the Commission of Traditional Leadership Disputes and Claims did not ignore relevant evidence and that its decision regarding the lineage of the Bapedi kingship was rationally connected to the information before it and the reasons provided. The Commission's methodology was proper and met constitutional standards. The appellant failed to establish any ground for review recognized in law, as the evidence did not support the contention that the Commission disregarded material facts or acted irrationally. The court emphasized that review proceedings do not pe…

Source excerpt

  • Promotion Of Administrative Justice Act
  • Customary Law Review
  • Rationality Standard
  • Traditional Leadership
  • Judicial Review
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Administrative Law [2006] ZANWHC 63

Mamogale v Premier, North-West Province and Others (227/2006)

Mamogale v Premier, North-West Province and Others (227/2006) [2006] ZANWHC 63 (13 October 2006)

Court
North West High Court, Mafikeng
Case number
227/2006
Judge
M.T.R. Mogoeng

The court found that the Premier's removal of the applicant as regent and recognition of the second respondent were grossly irregular, as section 42 of the Bophuthatswana Traditional Authorities Act was not complied with. No commission of enquiry was appointed, the applicant was not charged or given an opportunity to be heard, and the procedural safeguards required by the Act were ignored. The Premier's discretion under the Framework Act did not override the mandatory requirements of the provincial legislation. The meetings of the Royal Family were procedurally flawed and dominated by parties…

Source excerpt

  • Traditional Leadership Removal
  • Customary Law Review
  • Audi Alteram Partem
  • Promotion Of Administrative Justice Act
  • Jurisdictional Challenge
  • Structural Interdict
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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.