The applicant, Kgabagare David Langa, was recognised in 2009 by the Premier of Limpopo as the senior traditional leader of the Mapela Traditional Community. A longstanding succession dispute existed between him and the fifth respondent, Hans Masebe Langa. The dispute was investigated by the Ralushai Commission and later by the Kgatla Commission, both of which recommended that the applicant’s recognition was wrongful and that the fifth respondent should instead be recognised as senior traditional leader. Acting on these recommendations, the Premier in August 2017 published two notices in the Provincial Gazette: one recognising the fifth respondent as senior traditional leader and another withdrawing the applicant’s certificate of recognition. The applicant challenged these notices, contending that the Premier acted unlawfully and outside the powers conferred by the applicable legislation, namely the Traditional Leadership and Governance Framework Act and the Limpopo Traditional Leadership and Institutions Act.
Leave to appeal was granted and the appeal was upheld. The High Court’s order was set aside. The Premier’s Notice 4 of 2017 recognising the fifth respondent and Notice 5 of 2017 removing the applicant were declared unlawful, invalid, and set aside with effect from the date of the Constitutional Court’s order. The Premier was ordered to pay the applicant’s costs in both the High Court and the Constitutional Court, including the costs of two counsel.
This case clarifies the limits of executive power in matters of traditional leadership and affirms the central role of royal families in the identification and removal of traditional leaders. It confirms that recommendations by statutory Commissions do not override mandatory procedures in provincial legislation and reinforces the principle of legality in the implementation of customary law governance structures.