Ramokgopa v Limpopo House of Traditional Leaders and Others
| Jurisdiction | http://justis.com/jurisdiction/166,South Africa |
| Judge | EM Makgoba JP and GC Muller J and KL Pillay AJ |
| Judgment Date | 16 March 2022 |
| Docket Number | HCAA11/2021; 1459/2017 |
| Hearing Date | 11 March 2022 |
| Court | Limpopo Division, Polokwane |
| Citation | 2022 JDR 0492 (LP) |
Makgoba JP:
The Appellant in this matter approached this Court on appeal against the judgment and order of a single Judge of this Division (Semenya J, as she then was) in terms whereby their application was dismissed with costs.
The Appellant had launched an application in the Court a quo seeking an order in terms of which the Fourth Respondent, the Premier of Limpopo Province, is compelled to remove the Second Respondent from her position as acting traditional leader of Ramokgopa Traditional Community. It further sought an order that the matter of the identification of the appropriate senior traditional leadership be referred back to the Appellant who will deliberate and identify a candidate for the position of acting senior traditional leader.
As a ground of appeal the Appellant stated, correctly in my view, in their notice of appeal [1] that the learned judge in the Court a quo was correct in finding that the main issue in the matter was whether the request for the removal of the Second Respondent was at the request of the Royal Family.
In the appeal before us, the parties are ad idem that the aforesaid main issue still remains to be decided.
Makgoba JP
The issue regarding the appointment and removal of a traditional leader is governed by the Limpopo Traditional Leadership and Institutions Act 6 of 2005 ("the Limpopo Act").
Section 15 of the Act provides:
Recognition of acting traditional leaders:
A royal family may, in accordance with the customary law of the traditional community concerned, identify a suitable person who must be a member of the royal family to act as a king, queen, senior traditional leader, headman or headwoman, as the case may be ...
The Premier must, upon appointment of an acting traditional leader in terms of subsection (1) -
issue a certificate of appointment; and
inform the provincial house of traditional leaders and the local house of traditional leaders.
The Premier must review the appointment of the acting traditional leader every 12 months.
The Premier must upon request by the royal family remove any person appointed in an acting capacity.
The Second Respondent in the present case was appointed as acting senior traditional leader. Her appointment and removal are regulated by section 15 of the Limpopo Act. In exercising his or her powers in terms of Section 15(4) of
Makgoba JP
the Act, the Premier is required to satisfy himself/herself that it is the royal family that is requesting the removal and that the person to be removed has been duly appointed in an acting capacity.
It is common cause that the royal family, in collaboration with the then acting traditional leader, Kgoshigadi Mamothibe Ramokgopa, identified and married the Second Respondent as a candle wife of the Ramokgopa Traditional Community. The Second Respondent was subsequently identified by the royal family and recommended to the Premier (Fourth Respondent) as a suitable person to act as a senior traditional leader of their traditional community. Pursuant to that identification, the Premier appointed the Second Respondent on 21 February 2014 and issued her with a certificate of recognition/appointment in terms of section 15 (2)(a) of the Act, to act in that position.
It is therefore common cause that the Second Respondent was properly and duly appointed as the acting senior traditional leader of the Ramokgopa Traditional Community. Accordingly, the status of the Second Respondent as an acting senior traditional leader is not an issue before us in this appeal. In any event same was never an issue before the Court a quo.
Makgoba JP
As time went on and after the appointment of the Second Respondent as an acting traditional leader, certain members of the Ramokgopa Traditional Community, apparently including the Appellant, started complaining about the traditional leadership of the Second Respondent, in particular that the Second Respondent was not lawfully appointed. A move gathered momentum that she be removed as their acting senior traditional leader. The Appellant then laid a dispute with the First Respondent, that is the House of Traditional Leaders.
The House of Traditional Leaders investigated the matter and responded on the 1st of October 2015. [2]
The House of Traditional Leaders concluded that:
The identification and appointment of Kgoshigadi was done in terms of the Provincial Act;
The acting Kgoshigadi must remain acting Kgoshigadi as she has been properly appointed and recognised by government;
A seed raiser must be nominated as soon as possible; and
Senior Kgadi Sebolla must be included in the Council so that she can get something at the end of the month.
Makgoba JP
The Appellant was not satisfied with the decision of the First Respondent and proceeded to lodge another dispute with the Fourth Respondent (the Premier) on 29...
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