South Africa Case Law

Maluleke v Hlaneki Traditional Council and Others (2505/2017)

Maluleke v Hlaneki Traditional Council and Others (2505/2017) [2019] ZALMPPHC 48 (15 November 2019)

Court

Limpopo High Court, Polokwane

Case number

2505/2017

Judge

Makgoba

The court found that the Premier's recognition of the Third Respondent as senior traditional leader was lawful and in accordance with both the Limpopo Traditional Leadership Act and customary law. The Applicant failed to challenge the original succession decisions for nearly a century and did not follow the prescribed procedures under the Framework Act, including referral to the relevant commissions. The Applicant's complaint was not timeous, lacked merit, and did not constitute a valid dispute under the applicable legislation. The Royal Family that appointed the Third Respondent was the only…

Source excerpt

• Traditional Leadership Disputes
• Judicial Review
• Customary Law Succession
• Limpopo Traditional Leadership Act
• Framework Act
• Functus Officio

Pilane and Another v Pilane and Another (263/2010)

Pilane and Another v Pilane and Another (263/2010) [2011] ZANWHC 80 (30 June 2011)

Court

North West High Court, Mafikeng

Case number

263/2010

Judge

A A Landman

The court partly confirmed an interdict against a secessionist group using the Motlhabe Tribal Authority name and unauthorised meetings, but allowed discussion of secession.

• Traditional Leadership
• Customary Law
• Secession Of Community
• North West Traditional Leadership And Governance Act
• Framework Act
• Interdict