Bapedi Marota Mamone v Commission on Traditional Leadership Disputes and Claims and Others [2014] ZACC 36 (15 December 2014)

Limpopo Traditional Leadership and Institutions Act 6 of 2005 — interpretation of section 12(2) — authority to identify a new headman or headwoman — Premier obliged to act in accordance with section 12(2) — referral to provincial house of traditional leaders and relevant local house of traditional leaders

Admin law — Commission committed no error of law or fact —No basis to review the Commission’s findings — Customary law — Commission sufficiently resolved the dispute by considering customary law, genealogy and the views of amaMpondo — rightful successor was never determined customarily but statutorily and in terms of colonial and apartheid laws.

Administrative Law – Review of determination of successor to the royal throne under the Traditional Leadership and Governance Framework Act 41 of 2003 – failure to exercise statutory authority to investigate a contested traditional leadership position.

Customary Law – Proper approach to investigate contested traditional leadership positions – Evidence of customary norms and past practices essential in such enquiry – genealogy not an exclusive consideration as fitness to govern and public participation also relevant factors.