South Africa Case Law

Londile and Another v Bikwe and Others (1640/2014)

Londile and Another v Bikwe and Others (1640/2014) [2025] ZAECMHC 63 (27 June 2025)

Court

Eastern Cape High Court, Mthatha

Case number

1640/2014

Judge

M Mhambi

The court found that the Commission failed to prove its authority to investigate the claim, as there was no evidence of a properly lodged claim or compliance with the prescribed procedures under Section 21 of the Framework Act. The respondents did not provide the necessary lodgment documents or demonstrate that internal remedies were exhausted before referral to the Commission. Furthermore, the applicants were not afforded adequate notice or a fair hearing, violating the requirements of procedural fairness under PAJA and the Constitution. The Premier's decision was based on misinformation reg…

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• Traditional Leadership Disputes
• Procedural Fairness
• Review Of Administrative Action
• Customary Law Application
• Internal Remedies Exhaustion

Mbubana v Commissioner Kgatla R.T and Others (800/2018)

Mbubana v Commissioner Kgatla R.T and Others (800/2018) [2025] ZALMPTHC 10 (20 May 2025)

Court

Limpopo High Court, Thohoyandou

Case number

800/2018

Judge

M V Semenya

The High Court dismissed a review of the Premier’s refusal to restore Mbubana senior traditional leadership, finding non-compliance with statutory requirements and key joinder defects.

• Promotion Of Administrative Justice Act
• Traditional Leadership Disputes
• Recognition Of Traditional Community
• Judicial Review
• Customary Law
• Non Joinder

Chaane v Chaane and Others (2784/2020)

Chaane v Chaane and Others (2784/2020) [2025] ZAMPMBHC 41 (16 May 2025)

Court

Mbombela High Court, Mpumalanga

Case number

2784/2020

Judge

H F Fourie

PAJA review of traditional leadership decisions was dismissed for late filing and inadequate condonation, with the Court finding no basis to extend time.

• Promotion Of Administrative Justice Act
• Traditional Leadership Disputes
• Condonation For Late Review
• Customary Law Vs Public Law
• Jurisdiction Of Commissions
• Promotion-of-administrative-justice-act

Sekgopo v Premier of Limpopo Province and Others (5799/2018 ; 2950/2024)

Sekgopo v Premier of Limpopo Province and Others (5799/2018 ; 2950/2024) [2025] ZALMPPHC 93 (29 April 2025)

Court

Limpopo High Court, Polokwane

Case number

5799/2018 ; 2950/2024

Judge

M. Naude-Odendaal

The High Court granted leave to appeal to the Full Court on specified issues in two consolidated traditional leadership matters, with costs to the appeal.

• Traditional Leadership Disputes
• Leave To Appeal
• Section 59 Traditional And Khoi San Leadership Act
• Limpopo Traditional Leadership And Institutions Act
• Traditional-leadership-disputes
• Leave-to-appeal

Matlala and Others v Premier of the Limpopo Province and Others (1929/2021)

Matlala and Others v Premier of the Limpopo Province and Others (1929/2021) [2025] ZALMPPHC 78 (29 April 2025)

Court

Limpopo High Court, Polokwane

Case number

1929/2021

Judge

Kganyago

The High Court reviewed and set aside the Premier’s refusal to recognise the claim, holding that the traditional leadership house acted beyond its powers.

• Promotion Of Administrative Justice Act
• Traditional Leadership Disputes
• Review Of Administrative Action
• Customary Law Recognition
• Administrative-law
• Judicial-review

Chabalala and Another v Mabunda Traditional Council and Others (2060/2024)

Chabalala and Another v Mabunda Traditional Council and Others (2060/2024) [2025] ZALMPPHC 58 (25 March 2025)

Court

Limpopo High Court, Polokwane

Case number

2060/2024

Judge

Bresler AJ

The High Court granted a final interdict stopping disputed land allocations and levy collection in Siyandhani, while making demolition relief subject to a rule nisi.

• Traditional Leadership Disputes
• Final Interdict
• Territorial Jurisdiction
• Administrative Action Review
• Demolition Orders
• Final-interdict

Ligege and Others v Premier of the Province of Limpopo and Others (8541/2021)

Ligege and Others v Premier of the Province of Limpopo and Others (8541/2021) [2025] ZALMPPHC 62 (25 March 2025)

Court

Limpopo High Court, Polokwane

Case number

8541/2021

Judge

Pillay KL

The High Court postponed a review about the recognition of a senior traditional leader, holding that rescission of a prior order must be pursued in the proper forum.

• Promotion Of Administrative Justice Act
• Rescission Of Judgment
• Traditional Leadership Disputes
• Rule 42 Uniform Rules
• Mandamus
• Composition Of Royal Family

Sekgopo v Premier of Limpopo Province and Others (5799/2018 ; 2950/2024)

Sekgopo v Premier of Limpopo Province and Others (5799/2018 ; 2950/2024) [2025] ZALMPPHC 9 (21 January 2025)

Court

Limpopo High Court, Polokwane

Case number

5799/2018 ; 2950/2024

Judge

Naude–Odendaal

The court found that the Premier's decision not to approve the Kgatla Commission's recommendation was irrational, arbitrary, and not connected to the evidence or relevant customary law. The Premier failed to consider the findings of specialist bodies and previous administrative decisions. However, the court held that it was not in a position to substitute its own decision for that of the Premier regarding the recognition of William as Senior Traditional Leader, as the identification of the rightful heir requires determination by the Royal Family in accordance with customary law, and there is…

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• Promotion Of Administrative Justice Act
• Customary Succession
• Traditional Leadership Disputes
• Condonation For Late Review
• Role Of Royal Family
• Judicial Remittal

Mkhari v Premier of the Province of Limpopo and Others (2130/2019)

Mkhari v Premier of the Province of Limpopo and Others (2130/2019) [2025] ZALMPPHC 26 (16 January 2025)

Court

Limpopo High Court, Polokwane

Case number

2130/2019

Judge

M Bresler

The High Court reviewed and set aside a committee recommendation and the Premier’s refusal in a traditional leadership dispute, ordering fresh reconsideration.

• Promotion Of Administrative Justice Act
• Customary Law Of Succession
• Review Of Administrative Action
• Traditional Leadership Disputes
• Procedural Fairness
• Administrative-law

President of the Republic of South Africa v Sigcau and Others (CCT 282/22)

President of the Republic of South Africa v Sigcau and Others (CCT 282/22) [2024] ZACC 21; 2025 (1) BCLR 26 (CC) (3 October 2024)

Court

Constitutional Court

Case number

CCT 282/22

Judges

Dodson AJ, Chaskalson AJ, Kollapen J, Mathopo J, Mhlantla J, Rogers J, Schippers AJ, Tshiqi J

The Constitutional Court held that the Commission on Traditional Leadership Disputes and Claims fulfilled its statutory mandate by carefully analysing the evidence relating to the customary law of amaMpondo as it existed at the time of the dispute. The Commission considered genealogy, the practice of ukungena, isifingo, and the views of the amaMpondo community, and distinguished between statutory appointments under colonial and apartheid laws and customary succession. There was no evidence that the Commission failed to consider relevant factors or that its process was unfair or irrational. Th…

Source excerpt

• Traditional Leadership Disputes
• Customary Law Succession
• Promotion Of Administrative Justice Act
• Judicial Review
• Living Customary Law
• Genealogical Succession