Court orders tribal authority to act democratically
Do traditional leaders have to consult with their community before litigating on their behalf? On 9 March 2018, a Mahikeng High Court judgment answered this question: yes, they do.
By Ohene Yaw Ampofo-Anti
28 May 2018
The Royal Bafokeng Nation (RBN) is a tribal community of approximately 300,000 people. RBN applied to court for an order declaring that it is the owner of 60 properties in North-West Province.
RBN asked for this order because, according to the title deeds, the properties are being held by the Minister of Land Affairs “in trust for” the RBN. RBN contended however, that there was no trust relationship between it and the Minister and it was the outright owner of the properties.