Kgoshi Ngoako Isaac Lebogo and Another v Headman Enos Matome Kobe and Others

The dispute concerned the traditional leadership of the Bahananwa community in Limpopo. The first appellant, Kgoshi Ngoako Isaac Lebogo, was recognised as the senior traditional leader in 2011. The first to thirteenth respondents were recognised headmen and headwomen who were removed from office by the Premier of Limpopo on 29 July 2013 following a resolution of the royal family and the Bahananwa Traditional Council, allegedly due to misconduct and disloyalty to the recognised senior leader. Their certificates of recognition were withdrawn and new headmen/headwomen appointed. Nearly six years later, in February 2019, the respondents launched a PAJA review application to set aside the Premier’s decision and sought reinstatement with retrospective benefits.

The appeal was upheld with costs. The order of the full court was set aside and replaced with an order dismissing the appeal to the full court, thereby confirming the High Court’s dismissal of the review application.

The case reaffirms the strict application of section 7(1) of PAJA and the principle that delays exceeding 180 days are per se unreasonable unless condonation is justified in the interests of justice. It clarifies that section 21 of the Framework Act does not apply where the Premier’s own recognition or removal decision is under review, reinforcing functus officio and the limits of internal remedies in traditional leadership disputes.