Pilane and Others v Premier of the North West Province and Others (UM127/2020) [2023] ZANWHC 103

7th July 2023

Pilane and Others v Premier of the North West Province and Others (UM127/2020) [2023] ZANWHC 103

Click here to read the full judgment on Saflii

[1]          This is an application in terms of the Promotion of Administrative Justice Act 3 of 2000 (“PAJA”) to review and set aside the decision taken by the first respondent (Premier of the North West Province: “the Premier”) on 26 February 2020 to appoint the fourth respondent as the Administrator (“the Administrator”) to manage and control the affairs of the second applicant (Bakgatla Ba Kgafela Traditional Council; “the Traditional Council”), with retrospective effect from 6 January 2020.

[2]          This application for review is part B of an urgent application (Part A) which was dismissed for lack of urgency on 24 July 2020.

[3]          In ancillary relief, the decisions of the Premier to withdraw the Recognition Certificate of the first applicant (Kgosi Molefe John Pilane: “Pilane”) from being Kgosi on 17 June 2020, and to issue a Recognition Certificate to the second respondent (Rangwane Ramono Pilane Linchwe “Linchwe”) as interim Kgosi to the Traditional Council and the third applicant (Bakgatla Ba Kgafela Royal Family, Maruleng: “Royal Family”) is sought to be reviewed and set aside.

[4]          Lastly the applicants seek an order that the decisions and actions taken by the Administrator and Linchwe subsequent to their appointments, are declared to be invalid and of no force and effect.

[5]          The decisions of the Premier follow recommendations made by the sixth respondent: Commission of Inquiry into the Traditional Leadership disputes in respect of Bakgatla Ba Kgafela, Katlhako Ba Leema and Bapo I and II Community Dispute (“the Commission”).

[6]          In this judgment, for ease of reference and to avoid confusion, I will refer to the parties’ respective identities rather than their citations in as far as it is practical.  I will also refer to the parties collectively as “the applicants” or “the respondents” where applicable.

[7]          Adv ZZ Matebese SC and Av HL Kelaotswe appear on behalf of the applicants.  Adv KD Ramolefe with Adv T Masike appear on behalf of the Premier, and Adv OAK Matsepo appear on behalf of Linchwe and the third respondent (Kgafela Kfafela II: “Kgafela II”).