Bakgaka – Ba – Mothapo Traditional Council v Tshepo Mathule Mothapo & Others

Kgoshigadi Madipoane Refiloe Maremadi Mothapo and the Bakgaka – Ba – Mothapo Traditional Council instituted action in the Limpopo High Court against several respondents alleged to be unlawfully allocating and selling residential and business sites on tribal land (Syferkuil 921 LS and Majeebaskraal 1005 LS). The applicants contended that the land fell under the jurisdiction of the Kgoshigadi and the Traditional Council and that any allocation or sale by individuals was unlawful. The respondents raised a special plea challenging the locus standi of both the Kgoshigadi and the Traditional Council, alleging non-compliance with the Traditional Leadership and Governance Framework Act 41 of 2003 and the Limpopo Traditional Leadership and Institutions Act 6 of 2005, including lack of recognition and gazetting by the Premier. The High Court found that the Kgoshigadi had standing but that the Traditional Council did not. The Traditional Council appealed to the Supreme Court of Appeal.

The appeal was dismissed with costs. The finding that the Traditional Council lacked locus standi was confirmed.

The case affirms the supremacy of statutory frameworks regulating traditional leadership over reliance on customary law alone. It clarifies that Traditional Councils must strictly comply with legislative requirements to have legal standing, reinforcing accountability, certainty, and constitutional transformation within traditional governance structures.