South Africa Case Law

Zondo v Premier of The Province Kwazulu-Natal and Others (15970/2022P)

Zondo v Premier of The Province Kwazulu-Natal and Others (15970/2022P) [2024] ZAKZPHC 16 (13 March 2024)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

15970/2022P

Judge

Pitman AJ

The court found that the third respondent's appointment and recognition as iNkosi in 1993 was supported by documentary evidence and had remained unchallenged for nearly 30 years. The applicant's challenge to the appointment was manifestly late and insulated from review under PAJA due to unreasonable delay. The Premier's decision to abide by the recommendations of the Injula Lwazi Research Institute was lawful, based on a comprehensive investigation, and complied with the procedural requirements of section 21 of the KwaZulu-Natal Traditional Leadership and Governance Act. The applicant failed…

Source excerpt

• Promotion Of Administrative Justice Act
• Traditional Leadership Succession
• Judicial Review
• Customary Law
• Unreasonable Delay

Kona v Premier Eastern Cape and Others (3277/2018)

Kona v Premier Eastern Cape and Others (3277/2018) [2023] ZAECMKHC 75 (20 June 2023)

Court

Eastern Cape High Court, Makhanda

Case number

3277/2018

Judge

Govindjee

The court dismissed a PAJA review challenge to traditional leadership recognition for being brought far out of time, refusing to condone the delay.

• Promotion Of Administrative Justice Act
• Judicial Review Delay
• Traditional Leadership Succession
• Unfair Discrimination
• Internal Remedies
• Condonation

Dlomo v Premier of KwaZulu-Natal and Others (4491/18P)

Dlomo v Premier of KwaZulu-Natal and Others (4491/18P) [2023] ZAKZPHC 57 (29 May 2023)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

4491/18P

Judge

Madondo DJP

The court dismissed a challenge to traditional leadership succession and confirmed Mandlakhe Justice Dlomo as Inkosi of the Dlomo Traditional Community.

• Traditional Leadership Succession
• Customary Law
• Review Of Administrative Action
• Res Judicata
• Appointment Of Traditional Leader
• Traditional-leadership-succession

Mtungwa and Another v Premier of Kwazulu-Natal and Others (3618/22P)

Mtungwa and Another v Premier of Kwazulu-Natal and Others (3618/22P) [2023] ZAKZPHC 19 (28 February 2023)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

3618/22P

Judge

Mossop

The High Court refused leave to appeal, finding no reasonable prospects of success in a dispute about traditional succession to the iNkosi of the Mabaso clan.

• Traditional Leadership Succession
• Review Of Administrative Action
• Leave To Appeal
• Kwazulu Natal Traditional Leadership And Governance Act
• Leave-to-appeal
• Traditional-leadership-succession

Mtungwa and Another v Premier of Kwazulu-Natal and Others (3618/22P)

Mtungwa and Another v Premier of Kwazulu-Natal and Others (3618/22P) [2022] ZAKZPHC 74 (18 November 2022)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

3618/22P

Judge

Mossop

The High Court dismissed a review challenging the recognition of Thokozani Mtungwa as iNkosi, finding the succession process complied with custom and the governing Act.

• Traditional Leadership Succession
• Customary Law
• Review Of Administrative Action
• Kwazulu Natal Traditional Leadership And Governance Act
• Decision Making Discretion
• Traditional-leadership-succession

Thulare v Thulare and Others In Re: Thulare and Another v Thulare and Others (8767/2021)

Thulare v Thulare and Others In Re: Thulare and Another v Thulare and Others (8767/2021) [2022] ZALMPPHC 53 (19 October 2022)

Court

Limpopo High Court, Polokwane

Case number

8767/2021

Judge

E M Makgoba

The court found that the meeting of 28 February 2021 was the only properly constituted royal family meeting, attended by the requisite immediate and close relatives as required by statute and custom. The decision to appoint Morwamohube Ernest Thulare as Acting King and seed raiser was valid and in accordance with Bapedi tradition, which dictates that in the absence of a candle wife and hereditary successor, the most senior brother is appointed to revive the house. The meetings convened by Manyaku Maria Thulare on 21 February and 9 March 2021 were not properly constituted, attended only by a l…

Source excerpt

• Traditional Leadership Succession
• Customary Law Application
• Royal Family Composition
• Acting Traditional Leader Recognition
• Limpopo Traditional Leadership Act
• Khoi San Leadership Act