Chief’s SCA application rejected
The SCA has dismissed an application by a Limpopo chief seeking to keep his position that Premier Stanley Mathabatha gave him under questionable circumstances in 2020.
Mathabatha bestowed Khayizeni Maswanganyi a certificate of recognition as a senior traditional leader in the Giyani area, despite there being a pending application by Mkhacani Hlaneki and the Hlaneki Traditional Council in the Limpopo High Court (Polokwane) to set aside a recommendation of the Kgatla Commission that guided Mathabatha to recognise Maswanganyi.
City Press reports that Maswanganyi, a relative of ANC MP Joe Maswanganyi, initially lost his position after the court granted Hlaneki an order setting aside the recommendations of the Kgatla Commission on 10 November 2022.
The court scolded Mathabatha for going ahead with appointing Maswanganyi, knowing full well that Hlaneki had lodged an application. Maswanganyi then applied for leave to appeal, but the court dismissed it on the grounds that he had not properly drafted papers and facts to be entertained by the court.
He then approached the SCA on 14 March.
The SCA issued an order on 30 June, which dismissed Maswanganyi’s application.
‘The application for leave to appeal is dismissed with costs on the grounds that there is no reasonable prospect of success in an appeal and there is no other compelling reason an appeal should be heard,’ the court said.
The report notes the commission investigated 568 disputes involving senior traditional leaders, headmen and headwomen in the province, and issued its final report to Mathabatha in May 2017.
Article disclaimer: While we have made every effort to ensure the accuracy of this article, it is not intended to provide final legal advice as facts and situations will differ from case to case, and therefore specific legal advice should be sought with a lawyer.
