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Royal Family of Amadlomo and Another v Premier of the Eastern Cape and Others (1944/2020) [2020] ZAECMHC 29

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Royal Family of Amadlomo and Another v Premier of the Eastern Cape and Others (1944/2020) [2020] ZAECMHC 29

24th July 2020

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[1]                   The applicants approached this court on an urgent basis seeking an order in the following terms:

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1.            Granting the applicants leave to bring this application by way of urgency in accordance with the provisions of uniform rule 6 (12) ;

2.            That it is reviewed, set aside and declared unlawful the first respondent's decisions communicated to the second applicant by a letter dated 19 June 2020:

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2.1          That the  second applicant's acting stint as  King of AbaThembu is no longer necessary;

2.2       To officiate the termination, with immediate effect, of the second applicant's service as Acting King of AbaThembu;

2.3       Officiate the third respondent's resumption of duties as King of AbaThembu; and

2.4       Evicting the second applicant from his home, Tyalara Farm, Mthatha without an order of Court and in breach of Level 3 Lockdown Regulations Promulgated in terms of the Disaster Management Act 2002 ( Act No. 57 of 2002 )

3.           That the second applicant be and is hereby permitted to discharge the functions and duties of Acting King of AbaThembu, unreservedly in accordance with the customary law of AbaThembu and subject to the Eastern Cape Traditional Leadership and Governance Act, ( Act No.1 of 2017 ), and the Constitution of the Republic of South Africa, 1996 ( Act No. 108 of 1996) .

4.           That the first and second respondents, acting through any of their officials or otherwise, and the third respondent be and are hereby interdicted and restrained from, in any manner whatsoever unlawfully taking steps, the effect of which would be to denude the second applicant of the authority, power and status which the position of Acting King of AbaThembu confers upon him.

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