High Court of South Africa Eastern Cape, Bhisho - 2015 August

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1 judgment
Citation
Judgment date
August 2015
Reported
Whether the MEC lawfully recognised a headman without observing the Cala Reserve’s customary practice of community election — appeal dismissed.
Administrative law; review of administrative action under PAJA; customary law – proof and role in identifying traditional leaders; s 18 Eastern Cape Traditional Leadership and Governance Act – requirement to have due regard to applicable customary law; Transkei Authorities Act s 41(3) – did not abolish local customary practice of community election; ripeness of administrative decision for review; internal remedies and remittal.
18 August 2015