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South Africa decisions
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Ngomane Lugedlane Inner Royal Family v Premier of Mpumalanga and Others (2077/2021) [2023] ZAMPMBHC 40 (21 July 2023)
The court held that the Premier had discretion under the removal provisions and was not bound to rubberstamp the Applicant’s decision to remove an Inkosi.
Moropene and Others v Ga-seaphole Community Develeopment Committee and Others (5110/2019) [2021] ZALMPPHC 53 (26 August 2021)
The High Court granted a final interdict protecting Ga-Seaphole traditional leaders from interference, unlawful stand allocation, and an invalid suspension.
Seleka Royal Family and Another v Premier of Limpopo Province and Others (2507/2016) [2018] ZALMPPHC 4 (8 February 2018)
The court granted removal of an acting traditional leader for misconduct, customary-law transgressions, and persistent neglect, and ordered withdrawal of recognition.
Mbuyazi v Premier of the Province of KwaZulu-Natal and Others (2367/2010) [2016] ZAKZPHC 116 (6 October 2016)
The Supreme Court of Appeal held that the claim for reinstatement as lnkosi was personal to the deceased and terminated upon his death, making it non-transmissible to his heirs or executrix. The Fourth Respondent, as executrix, could only pursue claims for damages and arrear salary, not the chieftainship. The review application regarding the lawfulness of the deceased's removal as lnkosi could not proceed, as there was no longer a proper applicant with standing. The application for consolidation was dismissed, as the issues in the review and the action were distinct and the Fourth Respondent'…
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Gwadiso and Another v Member of the Executive Council: Department of Housing and Local Government and Traditional Affairs and Another (1003/2007) [2008] ZAECHC 181 (30 October 2008)
The court held that the MEC could revoke a wrongful headman appointment under section 20(1)(c) of the Traditional Leadership and Governance Act.
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