Synopsis:
Application for leave to appeal against a judgment of the Pretoria High Court dismissing a review application seeking to overturn the decisions by the Commission on Traditional Leadership Disputes and Claims (Commission) and the President not to restore the Kingship of the amaShangana and not to recognise Mr Nxumalo, the applicant, as King. Soon after the Commission made this finding, the Traditional Leadership and Governance Framework Act 41 of 2003 was amended. The effect was to create a new commission and shift the final decision-making power from the Commission to the President. The President purported to make a final decision not to recognise the Kingship of the amaShangana under the amended Act and publically announced this. The Court found that the court a quo had not ignored relevant facts in dismissing the applicant’s review application but found that the President acted outside of his powers by making a decision in terms of the amended Act instead of the original Act. Accordingly, the Court granted leave to appeal, set aside the President’s decision but dismissed the appeal against the High Court’s order concerning the Commission’s original decision.
Judgment: Zondo J (unanimous)
