South Africa Case Law

B.B.R v Limpopo House of Traditional Leaders and Others (HCAA11/2021 1459/2017)

B.B.R v Limpopo House of Traditional Leaders and Others (HCAA11/2021 1459/2017) [2022] ZALMPPHC 17 (16 March 2022)

Court

Limpopo High Court, Polokwane

Case number

HCAA11/2021 1459/2017

Judges

Makgoba, G C Muller, K L Pillay

The court found that the meeting of 30 October 2016, at which the resolution to remove the Second Respondent was adopted, was not a legitimate meeting of the royal family as required by the Limpopo Act. The attendees were not properly identified as royal family members, and the structure lacked legitimacy. The Premier was therefore not obliged to act on the purported request for removal. The appeal was dismissed as the applicant failed to prove that the resolution emanated from the legitimate royal family, and the statutory requirements for removal were not met.

Source excerpt

• Traditional Leadership Removal
• Customary Law
• Legitimacy Of Royal Family
• Limpopo Traditional Leadership Act

Mditshwa and Others v Sabona and Others (634/2016)

Mditshwa and Others v Sabona and Others (634/2016) [2020] ZAECMHC 15 (3 March 2020)

Court

Eastern Cape High Court, Mthatha

Case number

634/2016

Judge

Majiki

The High Court held that the Mtweni Royal Family was the legitimate royal family and dismissed the application with costs.

• Traditional Leadership And Governance Act
• Customary Succession
• Legitimacy Of Royal Family
• Review Of Administrative Decision
• Costs Order
• Customary-succession