Traditional Leadership and Governance Framework Amendment Act, 2009

Customary law – traditional leadership – points in limine – whether first respondent was lawfully identified by Royal Family Council and lawfully recognised by the President as the King of Vhavenda community in
terms of the provisions of s 9 of Traditional Leadership and Governance Framework Act 41 of 2003 – the President’s decision reviewed and set aside and proceedings referred back to the high court for further hearing on the merits.

Customary law – whether the Premier contravened section 21(2)(b) of the Traditional Leadership and Governance Framework Act 41 of 2003 when he referred the dispute in respect of the senior traditional leadership to the Commission before the Free State House of Traditional Leaders could deal with the dispute – decision of the Commission on Traditional Leadership Dispute and Claims – whether the Commission had authority to investigate and make recommendations in respect of a dispute which arose after 1 September 1927 in terms of s 25(2)(viii) of the Traditional Leadership and Governance Framework Amendment Act 23 of 2009 (the Amendment Act) – whether the Commission had authority to deal with the dispute which was submitted to it after six months from the date of coming into operation of the Amendment Act – the Commission had no such authority.

Traditional Leadership and Governance Framework Act 41 of 2003 – section 9 – nomination of king or queen – dispute as to which is legitimate royal family – at appeal hearing transpired that President had subsequently recognised one of the parties as king under s 9 – in circumstances, appeal moot

Application for special leave – referral for oral argument in terms of s 17(2)(d) of the Superior Courts Act 10 of 2013 – Customary Law – traditional leadership – Limpopo Traditional Leadership and Institutions Act 6 of 2005 (Limpopo Act) – Traditional Leadership and Governance Framework Act 41 of 2003 (Framework Act) – dispute concerning the identification of the headwoman or headman and the legitimate members of the Royal Family – s 21 of the Framework Act – prescribes the procedure to follow for the resolution of a dispute concerning customary law or customs – in terms of s 12 (2)(a),(b) or (c) of the Limpopo Act – disputes to be referred to the Premier.