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South Africa decisions
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Thulare v Thulare and Others (470/2023) [2025] ZASCA 100 (7 July 2025)
The Supreme Court of Appeal upheld an appeal over who may identify an acting Bapedi monarch, holding that custom had to be proved by evidence and remitting the matter for oral evidence.
Amafana-Nkosi Royal Families v Magadla and Others (3802/2021) [2025] ZAECMHC 67 (19 June 2025)
The court dismissed an application by Amafana-Nkosi Royal Families to intervene in a rescission matter, finding they lacked a direct and substantial interest.
Radebe and Another v Commission on Traditional Leadership and Disputes and Others (37875/2011) [2025] ZAGPPHC 66 (21 January 2025)
The court found that the applicants failed to provide a satisfactory and substantiated explanation for the delay in filing the review application, the supplementary founding affidavit, and the replying affidavit. The applicants' explanations were vague, unsupported by evidence, and included misrepresentations under oath. The applicants did not adequately address the requirement of prospects of success, which is fatal to any condonation application. The legal regime governing traditional leadership had changed, and the relief sought was no longer competent. The administration of justice would…
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Stellenbosch University v Carlson and Another (12735/2023) [2024] ZAWCHC 385 (22 November 2024)
The court found that Carlson and the second respondent were declared vexatious litigants and served with the relevant order. Despite this, Carlson instituted proceedings in the Equality Court and the Constitutional Court without obtaining leave, in clear contravention of section 2(1)(b) of the Vexatious Proceedings Act. Carlson's answering affidavit and conduct, including abusive communications and threats, demonstrated wilful and mala fide contempt for the court's authority and the rule of law. The court held that the requirements for contempt were established beyond reasonable doubt. The ap…
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Jumba v Jumba and Another (2502/2023) [2024] ZAECMHC 82 (24 October 2024)
The court found that the applicant is the legally recognised senior traditional leader and head of the Jumba Traditional Council in Tabase Administrative Area. The first respondent admitted to using a headman's stamp and issuing letters, despite not being legally appointed as headman. His denials regarding other conduct were not sufficiently substantiated and failed to raise a genuine dispute of fact. The applicant established a clear right to oversee traditional leadership in her jurisdiction. The first respondent's conduct constituted an injury to the applicant's rights and those of the com…
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Kgoete v Kgoete and Others (3597/2023) [2024] ZALMPPHC 115 (12 September 2024)
The High Court granted a final interdict protecting a recognised senior traditional leader from unauthorized meetings and decisions by royal family members.
Kobe and Others v Premier of the Limpopo Province and Others (11377/2023) [2024] ZALMPPHC 64 (10 July 2024)
The High Court confirmed an interim interdict stopping appointments of headman or headwoman in specified Bahananwa villages pending an SCA appeal.
Mphephu-Ramabulana Royal Family v Premier of the Limpopo Province and Others (CCT 373/22) [2024] ZACC 12; 2024 (11) BCLR 1363 (CC) (21 June 2024)
The Constitutional Court refused direct leave to appeal in a dispute over an acting Vhavenda King, finding the relief sought incompetent and bypassing lower courts unjustified.
Pilane o.b.o The Organising Committee of the Bakgatla Ba Kgafela Kgothe and Another v MEC for Co-Oprative Governance and Traditional Affairs, NW Province and Another (UM217/2023) [2024] ZANWHC 11 (18 January 2024)
The High Court dismissed a reconsideration application against an urgent interdict restraining a Bakgatla ba Kgafela community meeting and ordered costs against Mr Pilane.
Sigcau v Member of the Executive Council and Another (3575/2021) [2023] ZAECMHC 65 (5 December 2023)
Leave to appeal was dismissed in a dispute over a traditional leadership appointment, after the court found no reasonable prospects of success.
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