Baroka Ba Nkwana Royal Family and Others v Premier, Limpopo N.O and Others (6634/2024) [2025] ZALMPPHC 113 (10 June 2025)
Court
Limpopo High Court, Polokwane
Case number
6634/2024
Judge
M.I. Mangena
The High Court dismissed an urgent bid to suspend recognition of a senior traditional leader, finding no basis for interim interdict relief pending review.
Mkono and Another v MEC for Co-Operative Governance and Traditional Affairs Eastern Cape and Others (Leave to Appeal) (3603/2021) [2025] ZAECMHC 6 (11 February 2025)
Court
Eastern Cape High Court, Mthatha
Case number
3603/2021
Judge
N Cengani-Mbakaza
The High Court granted leave to appeal in a traditional leadership dispute, finding a real question whether a panel exceeded the scope of a consent order.
The Constitutional Court held that the Commission on Traditional Leadership Disputes and Claims fulfilled its statutory mandate by carefully analysing the evidence relating to the customary law of amaMpondo as it existed at the time of the dispute. The Commission considered genealogy, the practice of ukungena, isifingo, and the views of the amaMpondo community, and distinguished between statutory appointments under colonial and apartheid laws and customary succession. There was no evidence that the Commission failed to consider relevant factors or that its process was unfair or irrational. Th…
Mkono and Another v MEC for Co-operative Governane and Traditional Affairs Eastern Cape and Others (3603/2021) [2024] ZAECMHC 22 (30 April 2024)
Court
Eastern Cape High Court, Mthatha
Case number
3603/2021
Judge
Cengani-Mbakaza
Review of a headmanship succession decision dismissed. The court held the MEC acted lawfully under delegated powers and the process was procedurally fair.
Letlalo and Others v Malapile and Another (33916/2020) [2023] ZAGPJHC 593 (30 May 2023)
Court
South Gauteng High Court, Johannesburg
Case number
33916/2020
Judge
Malungana
The court found that the first respondent has occupied the property for over ten years, initially with the deceased owner's consent. The respondent's challenge to the Master's rejection of the will remains unresolved, and her rights as a spouse under customary law and as a potential beneficiary are still subject to pending litigation. The applicants failed to provide sufficient evidence regarding the respondent's personal circumstances, including her ability to secure alternative accommodation. The court held that it would not be just and equitable to grant an eviction order at this stage, gi…
Magwabeni v Magwabeni and Others (29566/19) [2023] ZAGPJHC 80 (2 February 2023)
Court
South Gauteng High Court, Johannesburg
Case number
29566/19
Judge
M Olivier
An eviction application under PIE was postponed sine die because the court needed a municipal report on occupiers, vulnerability, and possible homelessness.
Nesengani Royal Family and Others v Douglass and Others (148/2020) [2022] ZALMPTHC 9 (14 November 2022)
Court
Limpopo High Court, Thohoyandou
Case number
148/2020
Judge
Naudè-Odendaal
The court found that the exclusion of females from succession to traditional leadership in the Nesengani Royal Family was based solely on gender and constituted unfair discrimination, violating Section 9(3) of the Constitution. The administrative actions taken by the Respondents in identifying and recognizing the 1st Respondent as Senior Traditional Leader failed to consider constitutional imperatives of equality and gender non-discrimination. The process was procedurally unfair, as the Applicants' submissions were disregarded and undue weight was given to the 11th Respondent's version. Custo…
Kekana and Another v Premier, Limpopo Provincial Department and Others (REV126/2018) [2022] ZALMPPHC 58 (28 October 2022)
Court
Limpopo High Court, Polokwane
Case number
REV126/2018
Judge
E M Makgoba
The court found that the Premier acted lawfully in removing the First Applicant as Senior Traditional Leader, as the decision was based on the recommendations of the Commission on Traditional Leadership Disputes and Claims, which conducted a thorough investigation and found neither the First Applicant nor the Fourth Respondent to be legitimate heirs under Ndebele customary law. The Premier was not required by statute to afford the Applicants a hearing before implementing the Commission's recommendation, and the proper forum for representations was the Commission, which the Applicants declined…
Wezizwe Feziwe Sigcau and Another v The President of the Republic of South Africa and Others (961/2020) [2022] ZASCA 121; [2022] 4 All SA 315 (SCA) (14 September 2022)
Court
Supreme Court of Appeal
Case number
961/2020
Judges
Maya P, Dambuza JA, Makgoka JA, Gorven JA, Makaula AJA
The SCA set aside a traditional leadership determination and presidential recognition after finding the Commission failed to investigate living customary law properly.
