South Africa Case Law

Mangope and Another v Mangope and Another (1814/2024)

Mangope and Another v Mangope and Another (1814/2024) [2024] ZANWHC 126 (14 May 2024)

Court

North West High Court, Mafikeng

Case number

1814/2024

Judge

FMM Reid

The court found that the first applicant is the duly recognized Acting Kgosi of the Bahurutshe Boo Manyana Traditional Community, as confirmed by the Certificate of Recognition issued by the Premier, which has not been withdrawn. The Traditional Leadership and Governance Act vests the authority to convene community meetings and administer community finances exclusively in the Acting Kgosi and the Traditional Council. The first respondent, as a concerned member, does not have the legislative mandate to call meetings or open accounts for community funds. The applicants established a clear right…

Source excerpt

• Final Interdict
• Traditional Leadership Act
• Community Meetings
• Certificate Of Recognition
• Administration Of Traditional Community

Prince Mbonisi Bekithemba Ka Bhekuzulu and Others v President of the Republic of South Africa and Others (19891/2022; 38670/2022)

Prince Mbonisi Bekithemba Ka Bhekuzulu and Others v President of the Republic of South Africa and Others (19891/2022; 38670/2022) [2024] ZAGPPHC 42 (25 January 2024)

Court

North Gauteng High Court, Pretoria

Case number

19891/2022; 38670/2022

Judge

N Davis

The High Court granted leave to appeal and cross-appeal over a Zulu kingship dispute, sending the matter to the Supreme Court of Appeal.

• Traditional Leadership Act
• Customary Succession
• Review Of Executive Action
• Res Judicata
• Superior Courts Act
• Costs Orders

Ndamase v Ndamase and Others (1961/2010)

Ndamase v Ndamase and Others (1961/2010) [2015] ZAECMHC 54 (23 April 2015)

Court

Eastern Cape High Court, Mthatha

Case number

1961/2010

Judge

Majiki

High Court dismissed an application challenging the nomination of a headman in Zinkumbini, finding the king’s customary prerogative and residency requirements were not met.

• Traditional Leadership Act
• Customary Law Appointment
• Locus Standi
• Hereditary Headmanship
• Judicial Review
• Gender Discrimination

Phasha and Another v Phasha and Another (63613/2011)

Phasha and Another v Phasha and Another (63613/2011) [2014] ZAGPPHC 600 (17 July 2014)

Court

North Gauteng High Court, Pretoria

Case number

63613/2011

Judge

Mavundla

The court dismissed an application to set aside a traditional leadership recognition, holding that internal remedies were not exhausted and the dispute remained before a commission.

• Chieftainship Dispute
• Exhaustion Of Internal Remedies
• Traditional Leadership Act
• Declaratory Relief
• Condonation
• Customary Law

Bakhatla Basesfikile Community Development Association obo Descendents of Molefe Molemi and Others v Bakgatla ba Kgafela Tribal Authority and Others (320/11)

Bakhatla Basesfikile Community Development Association obo Descendents of Molefe Molemi and Others v Bakgatla ba Kgafela Tribal Authority and Others (320/11) [2011] ZANWHC 66 (1 December 2011)

Court

North West High Court, Mafikeng

Case number

320/11

Judge

LeeuW JP

The court found that the Bakgatla-Ba-Sesfikile Community is not a juristic person but may be cited as an association under Rule 14, granting it locus standi to bring the application. The Farm in question was purchased by the forebears of the applicants but, due to discriminatory laws, was registered in the name of the Chief in trust for the Bakgatla Tribe. The Farm is now held in trust for the Bakgatla-Ba-Kgafela Community, which comprises 32 sub-villages, including the applicants. The Communal Land Rights Act applies to the Farm, and ownership vests in the community on whose behalf it is hel…

Source excerpt

• Communal Land Rights Act
• Locus Standi
• Section 25 Property Rights
• Traditional Leadership Act
• Restitution Of Land Rights
• Juristic Person Status