IN THE HIGH COURT OF SOUTH AFRICA
(LIMPOPO DIVISION, POLOKWANE)
(1)
(2)
(3) REPORTABLE : YES/NO
OF INTEREST TO THE JUDGES: YES/NO
REVISED: YES/NO
In the matter under Case No 5799/2018 between: -
WILLIAM MATSORANG SEKGOPO
And
THE PREMIER OF LIMPOPO PROVINCE
MOKGADI JOSEPHINE SEKGOPO
THE MEC FOR CO-OPERATIVE
GOVERNANCE AND HUMAN SETTLEMENT
AND TRADITIONAL AFFAIRS CASE NO: 5799/2018
AND
CASE NO: 2950/2024
Applicant
First Respondent
Second Respondent
Third Respondent
THE COMMISSION ON TRADITIONAL
LEADERSHIP DISPUTES AND
CLAIMS ("CTLDC'?
LIMPOPO PROVINCIAL COMMITTEE ON
TRADITIONAL LEADERSHIP DISPUTES &
CLAIMS (CTLDC)
COMMISSIONER KGATLA N.O
DR P.X SHILUBANE N.O
MR T. MAHOSI N.O
DR M.W MHLABA N.O
SEKGOPO TRADITIONAL COUNCIL
SEKGOPO ROY AL FAMILY 2
AND in the matter under CASE NO 2950/2024 between:-
SEKGOPO TRADITIONAL COUNCIL
MOKGADI JOSEPHINE SEKGOPO
and Fourth Respondent
Fifth Respondent
Sixth Respondent
Seventh Respondent
Eighth Respondent
Ninth Respondent
Tenth Respondent
Eleventh Respondent
First Applicant
Second Applicant
3
THE COMMISSION ON TRADITIONAL LEADERSHIP,
DISPUTES AND CLAIMS ("CTLDC")
LIMPOPO PROVINCIAL COMMITTEE ON
TRADITIONAL LEADERSHIP DISPUTES AND
CLAIMS
COMMISSIONER KGATLA N.O.
DR. PX SHILUBANE N.O.
DR. MW MHLABA N.O.
MR. T MAHOSI N.O.
WILLIAM MATSORANG SEKGOPO
THE PREMIER OF THE LIMPOPO PROVINCE
THE MEC FOR CO-OPERATIVE GOVERNANCE,
HUMAN SETTLEMENTS AND TRADITIONAL
AFFAIRS
LIMPOPO PROVINCIAL HOUSE OF TRADITIONAL
LEADERS
SEKGOPO ROYAL FAMILY First Respondent
Second Respondent
Third Respondent
Fourth Respondent
Fifth Respondent
Sixth Respondent
Seventh Respondent
Eighth Respondent
Ninth Respondent
Tenth Respondent
Eleventh Respondent
ORDER AND SHORT REASONS
4
HAVING READ the record, and having reconsidered the Judgment in the above two
matters heard as one, and having heard Legal Representation on behalf of the parties in
the Application for Leave to Appeal, the following order is made:-
CASE NUMBER 5799/2018:
1. I stand by the reasons as per the written judgment handed down in the court a quo,
in the above matter.
2. The application for leave to appeal is however granted to the Full Court of the
Limpopo Division of the High Court, Polokwane , against paragraphs 264.2 and
264.3 of the order only, on the grounds that there exist compelling reason to grant
leave to appeal and having considered the court a quo's order it is clear that an error
reflects in the order in paragraph 264.2 in that the court a quo ordered that the
matter be dealt with by the Premier "in accordance with the empowering provisions
of Section 59 of the Traditional and Khoi-San Leadersh ip Act. 3 of 2019, read with
the Limpopo Traditional Leadership and Institutions Act. 6 of 2005."
3. Costs to be costs in the Appeal.
CASE NUMBER 2950/2024:
4. I stand by the reasons as per the written judgment handed down in the court a quo,
in the above matter.
5. The application for leave to appeal is however granted to the Full Court of the
Limpopo Division of the High Court, Polokwan e, on the grounds that in my opinion
there exist compelling reason to grant leave to appeal.
6. Costs to be costs in the Appeal.
5
JUDGE OF TH LI OPO DIVISION
OF THE HIGH COURT,
POLOKWANE