The Limpopo High Court in Polokwane has instructed the Premier of Limpopo to review the decision regarding the recognition of the Semang Matlala Traditional Community and its leadership.
Judge MF Kganyago ruled that the premier's rejection of the Commission on Traditional Leadership Disputes and Claims’ findings was legally unjustifiable. In 2007, Mamoshiane Maggy Matlala, representing the Semang Matlala Royal Family and Traditional Authority, sought recognition under the Limpopo Traditional Leadership and Institutions Act. This claim was contested by KgoshiGadi Primrose Mapitsi Rahlagane, leading to an extensive legal dispute.
Following investigations, the commission issued favorable recommendations in 2014. However, the premier dismissed these findings in November 2019 without a clear rationale, prompting the applicants to seek judicial review.
Premier's rejection unlawful
The applicants filed for judicial review in March 2021, citing delays and a lack of response from the premier’s office, worsened by the Covid-19 lockdown. They argued that their rights were infringed due to the premier’s failure to adhere to statutory obligations and implement the commission’s recommendations.
During the hearings, it emerged that the premier had relied on a subsequent report that lacked proper authority instead of acting on the commission’s first report. The court criticised this decision, affirming that it violated legal procedures. In an unexpected admission, counsel for the respondents conceded that the third respondent had overstepped its mandate by conducting independent investigations that conflicted with the commission’s findings.
Procedural compliance
Judge Kganyago ruled that the premier’s rejection was “not rationally connected to the information that was before him” and therefore legally indefensible. Consequently, the court ordered the premier to reconsider the matter, ensuring that the commission’s first report is properly reviewed by the relevant traditional leadership structures before implementation.
#Conviction
Get your news on the go. Click here to follow the Conviction WhatsApp channel
