Sekgopo v Premier of Limpopo Province and Others (5799/2018 ; 2950/2024) [2025] ZALMPPHC 93 (29 April 2025)
Court
Limpopo High Court, Polokwane
Case number
5799/2018 ; 2950/2024
Judge
M. Naude-Odendaal
The High Court granted leave to appeal to the Full Court on specified issues in two consolidated traditional leadership matters, with costs to the appeal.
Traditional Leadership Disputes
Leave To Appeal
Section 59 Traditional And Khoi San Leadership Act
Limpopo Traditional Leadership And Institutions Act
Mohlaba and Others v Minister of Cooperative Governance and Traditional Affairs and Others (CCT 07/24) [2024] ZACC 32; 2025 (4) BCLR 442 (CC) (20 December 2024)
Section 25 of the Limpopo Traditional Leadership and Institutions Act 6 of 2005 is unconstitutional because it unlawfully delegates the power to impose compulsory levies (taxes) to traditional councils and the Premier, contrary to the Constitution which reserves taxing powers for elected legislative bodies and prohibits such delegation. The levies imposed under section 25 are compulsory, uniformly applied, paid into a general fund, and used for general purposes, meeting all criteria for a tax. Traditional leaders, as unelected bodies, have no constitutional or customary law authority to impos…
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Taxing Power
Customary Law
Delegation Of Legislative Power
Limpopo Traditional Leadership And Institutions Act
Mohlaba and Others v Minister of Cooperative Governance and Traditional Affairs and Others (2885/2016) [2023] ZALMPPHC 103 (1 November 2023)
Court
Limpopo High Court, Polokwane
Case number
2885/2016
Judge
M V Semenya
Section 25 of the Limpopo Traditional Leadership and Institutions Act 6 of 2005 is inconsistent with the Constitution because it authorises traditional councils, which are not democratically elected, to impose compulsory levies or taxes on community members. The Constitution reserves the power to impose taxes and levies to democratically elected institutions at national, provincial, or municipal level. The dominant purpose of section 25 is to raise revenue for traditional councils, making the charge a tax. Customary law does not support compulsory levies; it only permits voluntary contributio…
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Levies By Traditional Authorities
Customary Law Consultation
Constitutional Invalidity
Limpopo Traditional Leadership And Institutions Act
Mamadi NO v Premier of Limpopo NO and Another (2888/2015) [2017] ZAGPPHC 855 (22 November 2017)
Court
North Gauteng High Court, Pretoria
Case number
2888/2015
Judge
Molefe
The court dismissed an application to compel recognition of a senior traditional leader, finding the statutory notification requirements were not met and the Royal Family was not joined.
Recognition Of Traditional Leaders
Limpopo Traditional Leadership And Institutions Act
