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South Africa Case Law

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Administrative Law [2022] ZAECMHC 10

Molosi and Others v Phahlo Royal Family and Others (CA 07/2021)

Molosi and Others v Phahlo Royal Family and Others (CA 07/2021) [2022] ZAECMHC 10; [2022] 3 All SA 160 (ECM) (6 May 2022)

Court
Eastern Cape High Court, Mthatha
Case number
CA 07/2021
Judges
M Makaula, IT Stretch, GH Bloem

The appeal was dismissed. The court found that the respondents had established urgency and a clear right to seek declaratory and interdictory relief. The harm to the AmaMpondomise community was ongoing and justified intervention. The court held that the dispute between the two royal families regarding the rightful heir could not be resolved internally, and the Framework Act did not bar the respondents from approaching the court for relief. The President's letter referring the matter back to the royal family was ineffective given the longstanding dispute. The court exercised its discretion to…

Source excerpt

  • Traditional Leadership And Governance Framework Act
  • Declaratory Relief
  • Final Interdict
  • Customary Law Dispute
  • Internal Remedies
  • Judicial Review
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Administrative Law [2014] ZAECMHC 34

Dalindyebo v President of the Republic of South Africa and Others (2342/2014)

Dalindyebo v President of the Republic of South Africa and Others (2342/2014) [2014] ZAECMHC 34 (20 June 2014)

Court
Eastern Cape High Court, Mthatha
Case number
2342/2014
Judges
Laing, Maseti, Pakade

The court found that the applicant failed to join the royal family or the individuals who appointed the Third Respondent, despite their direct and substantial interest in the relief sought. This non-joinder is fatal and brings the application against the Third Respondent to an end. Furthermore, the applicant did not make out a prima facie case for an interlocutory interdict, as the founding affidavit lacked substantiation of defamatory statements and failed to establish urgency or the absence of alternative remedies. The applicant's allegations were vague and unsupported, and the relief sough…

Source excerpt

  • Traditional Leadership And Governance Framework Act
  • Interdict
  • Locus Standi
  • Non Joinder
  • Urgency
  • Customary Law Removal Of Kings
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Constitutional Law [2009] ZAGPPHC 127

Tongoane and Others v National Minister for Agriculture and Land Affairs and Others (11678/2006)

Tongoane and Others v National Minister for Agriculture and Land Affairs and Others (11678/2006) [2009] ZAGPPHC 127; 2010 (8) BCLR 838 (GNP) (30 October 2009)

Court
North Gauteng High Court, Pretoria
Case number
11678/2006
Judge
Lepwaba

The court held that CLARA was incorrectly classified and passed as a section 75 Bill, when it should have been processed under section 76 due to its substantial impact on provinces and its subject matter falling within Schedule 4 functional areas, including indigenous and customary law. However, the procedural defect was not found to be material enough to render the entire Act invalid. The court found that several sections of CLARA and related provisions of the TLGFA undermine secure land tenure, particularly for communities who have acquired land through their own efforts, by transferring co…

Source excerpt

  • Bill Of Rights Limitation
  • Customary Law Land Tenure
  • Parliamentary Procedure
  • Communal Land Rights Act
  • Traditional Leadership And Governance Framework Act
  • Ministerial Discretion
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.