Court says Makuleke is an independent community
The Village Voice
The Makuleke community is an n independent community and is not part of Mhinga, rules the High Court of South Africa, Limpopo Division sitting in Polokwane.
Chief Justice Maria Naude’ Odendaal was ruling in favour of traditional leader Phahlela Jutas Makuleke and the Makuleke community in the review application they had made against the premier of Limpopo, provincial committee on traditional leadership disputes and claims, Limpopo traditional leader Hosi Shilungwa Cydrick Mhinga, and Limpopo House of Traditional Leaders.
In her ruling, Chief Justice Odendaal said the decision of the provincial commission on traditional leadership disputes and claims which went against Makuleke and the Makuleke community is reversed.
She also said the premier’s acceptance of the ruling of the commission on leadership disputes and claims is declared null and void.
“The Makuleke community is declared to be an independent traditional community separate from the Mhinga tribe from the date of order, “she said.
The premier of Limpopo is ordered to by notice in the Gazette recognize the Makuleke community as an independent community.
The Makuleke community is also ordered to transform and adopt customary law and customs to comply with the relevant principles enshrined in the Bill of Rights in the constitution of South Africa.
The royal family is also ordered to identify the senior traditional leader in terms of customary law..
The community in its application said that the impact of its status as an independent community and the beginning of the erosion of that independence as a traditional community can be traced back to 1936 when by government notice of 1818 of December 4 1936; the then government amended the area under Chief Mhinga to include the area of Makuleke.
Accordingly, when in 1948, Hosi Adolph Mhinga was appointed chief of the Amashangane tribe; he was resident in both Mhinga and Makuleke locations, in the Sibasa area of the Soutpansberg District.
The appointment was later approved by the minister in terms of Section 12 and 20 of the Native Administration Act.38 of 1927.
The appointed subjugated the Makuleke community to the Mhinga authority.
The judgment was made on March 13 at the Limpopo Division of the High Court of South Africa.
Updates will be made with comments from the Limpopo government as well as the affected traditional councils of Makuleke and Mhinga.