Madzhadzhi v President of the Republic of South Africa and Others

The appellants were headmen (traditional leaders) in Limpopo Province. Some were simultaneously employed as public servants and received remuneration both as headmen and as public servants. In 2002 the provincial government terminated the salaries of those headmen who were also public servants, relying on section 5(2) of the Remuneration of Public Office Bearers Act 20 of 1998 (REPOB), which it interpreted as prohibiting dual remuneration. At the same time, the province reduced the remuneration of headmen appointed after 1 October 2002 from R30 000 to R13 000 per annum, while preserving the higher amount for headmen appointed earlier. The appellants sought declaratory relief that section 5(2) of REPOB did not bar them from receiving remuneration as headmen despite their public service employment, and that all headmen were entitled to equal remuneration and increments comparable to those paid to kings and chiefs.

The appeal was dismissed. The cross-appeal on costs was upheld, and the High Court order was amended to dismiss the application with each party ordered to pay its own costs.

The case clarifies the interpretation of section 5(2) of the Remuneration of Public Office Bearers Act, confirming that it does not bar traditional leaders from receiving remuneration merely because they are also public servants. It also affirms the principle that declaratory relief cannot be used to undermine the consequences of administrative decisions that have not been set aside, and it reinforces the continued validity of pre-existing provincial legislation on traditional leadership remuneration in the absence of a constitutional challenge.