Sigcau and Another v Minister of Cooperative Governance and Traditional Affairs and Others (612/2016)
Sigcau and Another v Minister of Cooperative Governance and Traditional Affairs and Others (612/2016) [2017] ZASCA 80; [2017] 3 All SA 608 (SCA) (7 June 2017)
The Supreme Court of Appeal held that the President is not required to consult the royal family under section 9 of the Old Act when implementing a decision of the Commission on Traditional Leadership Disputes and Claims regarding kingship. The process of consultation is built into the Commission's investigation and decision-making process, and once the Commission has made its decision, the President's role is limited to implementation. Section 9 applies only to uncontested succession, not to cases resolved by the Commission. The deeming provisions under section 28 of the Old Act and section 2…
Source excerpt
- Customary Law
- Traditional Leadership Disputes
- Statutory Interpretation
- Recognition Of Kingship