- Court confirms Siyandhani Traditional Community and its leader’s jurisdiction over designated territorial areas, rejecting challenges by the Mabunda Traditional Council.
- Illegal allocations and levies imposed by respondents are interdicted, with orders to prevent further trespassing and business activities on community land.
- Demolition of unlawful structures is provisionally authorised, giving occupants 60 days to contest the order before it is finalised.
The Limpopo High Court in Polokwane has drawn a firm line in defence of the Siyandhani Traditional Community, ruling that its land and leadership cannot be undermined by rival authorities.
For months, members of the community had watched in frustration as the Mabunda Traditional Council and others allocated land, collected levies, and encouraged unlawful occupations in areas legally recognised as belonging to the Siyandhani people. On 26 August 2025, the court put an end to this uncertainty, affirming that only Yusto Famanda Chabalala and his council hold legitimate authority over the community’s territory.
Legal recognition of community rights
The heart of the dispute lay in the recognition of the Siyandhani Traditional Community and its leadership. Following recommendations from the Kgatla Commission, the Premier of Limpopo formally recognised the Siyandhani people as a traditional community and confirmed Chabalala as their traditional leader in September 2020. This recognition came with designated territorial areas, including Siyandhani Block 19, Jim Nghalume, and Mapuve Block 19.
Despite this, the Mabunda Traditional Council resisted the decision, insisting that the land remained under its control. While they initiated legal proceedings to challenge the Premier’s recognition, they simultaneously continued to act as though nothing had changed, allocating plots and demanding levies from residents. This disregard for the premier’s decision escalated tensions on the ground, leaving residents uncertain about whose authority to respect.
Interference and final interdict
The court ruled that the applicants had demonstrated both a clear legal right and unlawful interference with that right. It was common cause that the Siyandhani Community had been recognised by law and allocated specific territorial areas. Yet, by continuing to allocate land and collect levies, the Mabunda Council and its representatives were directly undermining that recognition.
Acting Judge M Bresler stressed that administrative decisions such as the premier’s recognition of a traditional community remain valid until a court of law sets them aside. Because the Mabunda Council had not succeeded in overturning the decision, they were bound by it. Their continued interference was unlawful and unjustified.
The court also noted that territorial disputes of this kind can fuel instability and violence within communities. For this reason, a final interdict was the only effective remedy, as damages or other forms of relief would not address the risk of ongoing conflict.
Interim relief for unlawful structures
The court’s ruling extended to unlawful occupiers who had already built or begun building structures on Siyandhani land. While it interdicted them from continuing construction or conducting business activities, it took a cautious approach to demolitions. Recognising that some individuals might not have been aware of the legal battle, the court issued a provisional demolition order, giving occupants 60 days to contest it.
The applicants were tasked with notifying affected parties directly and through public notices, ensuring that everyone could respond before final action is taken.
Costs and legal representation
In addition to the relief granted, the applicants were awarded costs, including those of two counsel, given the complexity of the matter and its importance to the community. The Mabunda Council’s counter-application, which tried to challenge the regularity of the main application, was dismissed with costs.
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