Nxumalo v President of the Republic of South Africa and Others

The applicant, Mpisane Eric Nxumalo, lodged a claim with the Commission on Traditional Leadership Disputes and Claims for the restoration of the kingship of the amaShangana traditional community and for his recognition as king. The Commission investigated the claim, including public hearings and historical evidence, and concluded that the amaShangana kingship had disintegrated around 1894–1897, before the statutory cut-off date of 1 September 1927, and had never been restored. It therefore dismissed the claim. The Commission completed its report on 21 January 2010, shortly before it ceased to exist following legislative amendments. The report was forwarded to the President, who later accepted it and, acting under the amended legislation, failed to recognise the amaShangana kingship. The applicant sought judicial review of both the Commission’s decision and the President’s decision. The High Court dismissed the application, and further appeals failed until the matter reached the Constitutional Court.

Leave to appeal was granted. The appeal against the High Court’s order concerning the President’s decision was upheld and the President’s decision or notice was set aside. The appeal against the High Court’s order upholding the Commission’s decision was dismissed. No order as to costs was made.

The case reaffirms the constitutional principle of legality, confirming that public officials may exercise only those powers conferred on them by the applicable statute. It strengthens the precedent in Sigcau by clarifying the limits of the President’s role in traditional leadership disputes under transitional legislative regimes and underscores judicial deference to specialist bodies deciding customary law disputes.