Thulare v Thulare and Others

Following the death of King Victor Thulare III of the Bapedi Nation in January 2021 without a candle wife or heir, a dispute arose over who should be identified as acting king or queen. Two competing factions within the broader Bapedi royal family held separate meetings. The appellant, the queen mother, claimed she was identified as acting queen by a small inner circle of relatives in meetings held on 21 February and 9 March 2021. The first and second respondents contended that a properly constituted meeting of the royal family on 28 February 2021 identified the first respondent as acting king and seed raiser. Multiple applications were launched in the Limpopo High Court, which ultimately declared the first respondent lawfully identified as acting king. The queen mother appealed to the Supreme Court of Appeal.

The appeal was upheld; the High Court’s order was set aside and the matter was remitted to the Limpopo Division of the High Court for the hearing of oral and expert evidence on specified issues of Bapedi custom. No order as to costs was made.

The case underscores the evidentiary requirements for determining customary law disputes in South African courts and reaffirms that courts may not pronounce on the content of living customary law without proper factual and expert evidence. It highlights the interaction between statutory frameworks governing traditional leadership and indigenous customary practices.