Thobejane and Others v Premier of the Limpopo Province and Another

The appellants applied to the Limpopo High Court to review and set aside the decision of the Premier of Limpopo and the MEC for Traditional Affairs not to recognise them as traditional leaders of the Tjatje Community, and sought an order compelling such recognition. The respondents raised a preliminary point of non-joinder, alleging that the Commission on Traditional Leadership Disputes and Claims (Limpopo Provincial Committee) and the Marota-Mohlaletsi Traditional Council had a direct and substantial interest and should have been joined. On 24 April 2019 the High Court dismissed the preliminary point. After hearing the merits and reserving judgment, the same judge later revisited the non-joinder issue in a judgment delivered on 17 May 2019, upheld the non-joinder in respect of the traditional council, and struck the application from the roll with costs. Leave to appeal to the Supreme Court of Appeal was granted.

The appeal was upheld with no order as to costs. The High Court’s order dated 17 May 2019 was set aside, and the matter was remitted to the Limpopo High Court for determination of the merits of the review application.

The case reaffirms the doctrine of functus officio in South African civil procedure, confirming that a court may not revisit or reverse its own final order. It clarifies that the dismissal of a preliminary point such as non-joinder can constitute a final order for purposes of appeal. The judgment also underscores the limits of the Supreme Court of Appeal’s jurisdiction and cautions against inappropriate grants of leave to appeal, as well as reiterating the restrained approach to substitution orders in administrative law.