South Africa Case Law

Pilane and Another v Pilane and Another (CCT 46/12)

Pilane and Another v Pilane and Another (CCT 46/12) [2013] ZACC 3; 2013 (4) BCLR 431 (CC) (28 February 2013)

Court

Constitutional Court

Case number

CCT 46/12

Judges

Skweyiya, Moseneke, Cameron, Froneman, Jafta, Khampepe, Van der Westhuizen, Zondo, Mogoeng, Nkabinde

The Constitutional Court held that the High Court erred in granting the three interdicts against the applicants. The respondents failed to establish a clear right to exclusive reference as a traditional authority, and did not prove actual or reasonably apprehended injury. The applicants' use of the term 'Motlhabe Tribal Authority' did not amount to an unlawful assumption of statutory authority, and their conduct was not shown to have caused confusion or injury to the respondents. The applicants' undertaking to refrain from using statutory language was sufficient to address any future concerns…

Source excerpt

• Customary Law And Traditional Leadership
• Freedom Of Expression
• Freedom Of Assembly
• Interdict Requirements
• Statutory Recognition Of Traditional Authorities
• Rule Of Law