South Africa Case Law

Huma v Huma and Others (Appeal) (CIV APP MG 26/2024)

Huma v Huma and Others (Appeal) (CIV APP MG 26/2024) [2025] ZANWHC 125 (23 July 2025)

Court

North West High Court, Mafikeng

Case number

CIV APP MG 26/2024

Judges

Hendricks, Wessels

The High Court held that the Tribal Court lacked jurisdiction to order the appellant's eviction from the house on tribal land, as only the High Court or Magistrate's Court may grant such orders under the PIE Act. The first ground of appeal was upheld on this basis. Regarding the right to occupy, the Court found that customary law, as practiced by the Bafokeng community, requires a separate house for each spouse, and the house in dispute was allocated to the children of the deceased's first marriage. The appellant was allocated a separate house for the second marriage. The Court confirmed that…

Source excerpt

• Customary Law Rights Of Occupation
• Tribal Court Jurisdiction
• Eviction Proceedings
• Intestate Succession
• Gender Equality In Customary Law

Chief Avhatendi Ratshibvumo Rambuda and Others v Tshibvumo Royal Family and Others (CCT 255/22)

Chief Avhatendi Ratshibvumo Rambuda and Others v Tshibvumo Royal Family and Others (CCT 255/22) [2024] ZACC 15; 2024 (11) BCLR 1376 (CC) (17 July 2024)

Court

Constitutional Court

Case number

CCT 255/22

Judges

Maya, Chaskalson, Dodson, Kollapen, Mathopo, Mhlantla, Rogers, Schippers, Tshiqi

The Constitutional Court held that the Rambuda Royal Family must identify the Tshibvumo headman, and the Premier must follow section 12(2) procedures before recognition.

• Traditional Leadership Disputes
• Customary Law Interpretation
• Review Of Administrative Action
• Gender Equality In Customary Law
• Internal Remedies Exhaustion
• Appointment Of Headman