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Ntamo and Others v Premier of the Eastern Cape and Others (415/2016) [2019] ZAECBHC 23

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Ntamo and Others v Premier of the Eastern Cape and Others (415/2016) [2019] ZAECBHC 23

22nd November 2019

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1.         This application is the consequence of the recognition in terms of s 18 (5) of Traditional Leadership and Governance Act, 2005 (EC) (the Governance Act) by the fourth respondent of the fifth respondent as iNkosana (or headman) of the ama-Gcina traditional community, Cala Reserve, Xhalanga District (the Cala Reserve community) on 4 December 2015 (the MEC decision). The antecedent ‘identification’ in terms of s 18 (1) (i) of the of the fifth respondent by the ama-Gcina Royal family (the Royal family) on 4 November 2015 ( the royal family decision) is also challenged.

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2.         I shall hereinafter refer to the royal family decision and the MEC decision collectively as the impugned decisions.

3.         The impugned decisions were taken after the full bench of this Court in Ntamo and Others v Premier, Eastern Cape and Others 2015 (6) 400 (ECD) had already dismissed an appeal against the order of the court below (the order) setting aside the recognition given by the fourth respondent and/or the first respondent (the fourth respondent and first respondent in that appeal) to the fifth respondent (the fifth respondent in that appeal) as the iNkosana of the Cala Reserve community, and that:

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“… the first respondent be and is hereby directed to refer the matter back to the Royal family in terms of section 18 (3) and 18 (4) of the [Governance Act].”

4.        The present application is only opposed by the third respondent.

5.        However, before dealing with the substance of the application, I need to dispose of a the third respondent’s preliminary issue of the non-joinder of the Royal family as a party to these proceedings.

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