REPUBLIC OF SOUTH AFRICA
IN THE HIGH COURT OF SOUTH AFRICA
(LIMPOPO DIVISION, POLOKWANE)
 
 CASE №: 6043/2020
NOT REPORTABLE
NOT OF INTEREST TO OTHER JUDGES
REVISED
20.07.23

In the matter between:
BALOBEDU BA MODJADJI TRADITIONAL COUNCIL     FIRST APPLICANT
REGENT MPAPATLA THABISANANG MODJADJI    SECOND APPLICANT
LEON MATETA 						         THIRD APPLICANT
LETTY HLANGWANA 					         FOURTH APPLICANT
v
HOSI TINYIKO LWANDLAMUNI PHILLIA	                  FIRST RESPONDENT NWMITWA-SHILUBANA
BALOYI TRIBAL AUTHORITY 	                                       SECOND RESPONDENT
MINISTER OF RURAL DEVELOPMENT AND                   THIRD RESPONDENT
LAND REFORM 
CHIEF DIRECTOR: LIMPOPO SHARED 	FOURTH RESPONDENT
	
SERVICES CENTRE, PROVINCIAL 				                         DEPARTMENT OF RURAL DEVELOPMENT 					                         AND LAND REFORM, LIMPOPO
CHIEF DIRECTOR: LIMPOPO SHARED 	FIFTH RESPONDENT
SERVICES CENTRE, PROVINCIAL DEPARTMENT 			                        OF CO-OPERATIVE GOVERNANCE, HUMAN SETTLEMENT 		                  AND TRADITIONAL AFFAIRS 	
In Re:
HOSI TINYIKO LWANDLAMUNI PHILLIA			 FIRST APPLICANT
NWMITWA-SHILUBANA
BALOYI TRIBAL AUTHORITY 	SECOND APPLICANT
v	
BALOBEDU BA MODJADJI TRADITIONAL COUNCIL 	FIRST RESPONDENT

REGENT MPAPATLA THABISANANG MODJADJI 	 SECOND RESPONDENT

LEON MATETA 	THIRD RESPONDENT

LETTY HLANGWANA 	FOURTH RESPONDENT

MINISTER OF RURAL DEVELOPMENT AND 	FIFTH RESPONDENT
LAND REFORM 

CHIEF DIRECTOR: LIMPOPO SHARED	SIXTH RESPONDENT
SERVICES CENTRE, PROVINCIAL 					                 DEPARTMENT OF RURAL DEVELOPMENT					                      AND LAND REFORM, LIMPOPO

CHIEF DIRECTOR: LIMPOPO SHARED 	SEVENTH RESPONDENT
SERVICES CENTRE, PROVINCIAL 					               DEPARTMENT OF CO-OPERATIVE GOVERNANCE,				 HUMAN SETTLEMENT AND TRADITIONAL AFFAIRS	
___________________________________________________________________
LEAVE TO APPEAL JUDGMENT 

MANGENA AJ
[1] 	Applicants seek leave to appeal the whole judgment and orders of this court delivered on 21 January 2022. The application is unopposed. 

[2]	The application for leave to appeal was filed with the Registrar's office on 		02 December 2022 accompanied by a condonation application.

[3]	The Applicants explained the delay and attributed it to the fact that the judgment was never received by their attorneys until the 16 November 2022 when enquiries were made with the office of the Judge President.

[4]	The condonation application is not opposed and the explanation proferred is acceptable. The issue need not detain us any longer than it is necessary.  Condonation for the late filing of the application for leave to appeal is granted.

[5]	The grounds for leave to appeal are set out in the notice of appeal and were amplified by the written and oral submissions. 

[6]	The applicants submitted that the dispute between the parties related to the boundary and therefore required to be resolved through a procedure prescribed in the Limpopo Traditional Leadership and Institutions Act 6 of 2005. This process required a Premier to make a determination and without his report, the court was not in a position to adjudicate on the matter. 

[7]	It was further argued on behalf of the Applicants that the court erred by disregarding a government gazette notice attached to the heads of argument. For this contention, counsel relied on Section 5 of the Civil Proceedings Evidence Act 25 of 1965 which provides that judicial notice shall be taken of any law or government notice or any matter that has been published in a gazette. It was submitted that had the court considered the gazette, it would not have arrived at the decision it took in particular, the order directing the respondents to return possession of the property to the Applicants.

[8]	I have given due regard to the submissions and considered them in tandem with the orders made and regrettably, I am not persuaded that the orders made are susceptible to be overturned by another court. In my opinion the appeal would not have a reasonable prospect of success.

[9]	It is ordered as follows:
1.	Condonation is granted.
2.	Application for leave to appeal is dismissed with no order as to costs.
                                                                                                                                         
________________________     		MANGENA AJ
                                      	Acting Judge of the High Court
Limpopo Division, Polokwane

APPEARANCES:

HEARD ON 				: 	29 June  2023

JUDGMENT DELIVERED ON	:	20 July 2023. This judgment was 	handed down electronically by 	circulation to the parties’ 	representatives by email. The date 	and time for hand-down of the 	judgment is deemed to be                          	 20 July 2023 at 12:00

FOR THE APPLICANT		:	 Mr. N Kubayi 
INSTRUCTED BY 			:	Noveni Eddy Kubayi Inc										
FOR THE RESPONDENT		:	No Appearance 
INSTRUCTED BY 			:	Thomas & Swanepoel Inc

FOR THE RESPONDENT		:	No Appearance 
INSTRUCTED BY 			:	State Attorney