Ludidi v Ludidi and Others

The dispute concerned succession to the position of Inkosi (Chief) of the amaHlubi tribe in Qumbu, Eastern Cape. The appellant, Mr Ludidi Ludidi, and the first respondent, Ms Nolitha Ludidi, are first cousins and descendants of the late Chief Dyubhele Joubert Ludidi. According to amaHlubi custom, succession follows the eldest child from the great or senior house. After the death of Chief Dyubhele, his eldest son Manzodidi became chief, but died in 1978, leaving a minor daughter. His brother Manzezulu then succeeded as chief until his death in 2012. Following Manzezulu’s death, the Hlubi Royal Family identified Ms Ludidi as successor. A splinter group, the Mancaphayi Royal Family, opposed female leadership and identified Mr Ludidi instead. The Member of the Executive Council (MEC) for Co‑operative Governance and Traditional Affairs, Eastern Cape, ultimately recognised Ms Ludidi as chief under the Traditional Leadership and Governance Act 4 of 2005 (Eastern Cape). Mr Ludidi brought a review application challenging her recognition, which was dismissed by the High Court, leading to this appeal.

The appeal was dismissed and the order of the Eastern Cape Local Division, Mthatha dismissing the review application was upheld. No order as to costs was made.

The case clarifies the authority of royal families under customary law to identify traditional leaders and affirms that minor procedural defects in administrative recognition processes will not necessarily invalidate the recognition of a chief. It also reinforces the compatibility of customary succession rules with gender equality where supported by the relevant custom and royal family.