Synopsis:
Application for leave to appeal against a judgment upholding the President’s notice confirming the determination by the Commission on Traditional Leadership Disputes and Claims that the fourth respondent was the rightful king of the AmaMpondo aseQawukeni. The Commission made the determination under the Traditional Leadership and Governance Act (old Act). The applicant contended that the President had erred in issuing notice of confirmation under provision of the amended Act. In a unanimous judgment, the Court held that because of the material differences between the old Act and the amended Act, it could not be said that a notice issued under the amended Act can be taken to have been issued under the old Act. It held that the President purported to exercise powers not conferred on him by the provisions of the amended Act. The Court set aside the notice issued by the President recognising the fourth respondent as king of AmaMpondo AseQawukeni insofar as it relates to the applicant and the fourth respondent.
Judgment: The Court (Mogoeng CJ, Moseneke DCJ, Froneman J, Jafta J, Mhlantla AJ, Nkabinde J, Skweyiya J, Van der Westhuizen J and Zondo J).
