South Africa Case Law

Tauetsile v Premier of the North West Province and Others (M 123/2017)

Tauetsile v Premier of the North West Province and Others (M 123/2017) [2023] ZANWHC 7 (7 February 2023)

Court

North West High Court, Mafikeng

Case number

M 123/2017

Judge

Petersen

The court found that the applicant failed to discharge the burden of proof that his family inherited the bogosana of Mothanthanyaneng and Graspan Metsana villages in the 1950s. The evidence presented by the applicant and his witnesses was internally contradictory and mutually destructive, particularly regarding the timing and circumstances of the alleged inheritance and the role of Kgosi Moshosho Motlhabane, who had passed away before the relevant period. The court held that section 20 of the North West Traditional Leadership and Governance Act applies only to the removal of a kgosana, not an…

Source excerpt

• Customary Succession
• Traditional Leadership Removal
• North West Traditional Leadership And Governance Act
• Burden Of Proof
• Hearsay Evidence In Customary Law

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