A Mpumalanga royal family that sought to dethrone its chief has lost a legal battle in the Mbombela High Court.
The Ngomane-Lugedlane Inner Royal Family, based in Komatipoort, had appealed a July 21, 2023, decision that dismissed their bid to remove Chief Sizwe Mkhulu Ngomane as Inkosi of the Ngomane-Lugedlane Traditional Community.
The appeal was heard on August 23, 2024, and judgment was handed down on February 24, 2025, with the court finding that the royal family had failed to provide sufficient evidence to justify the chief’s removal.
The respondents in the matter were premier Mandla Ndlovu, the Mpumalanga department of cooperative governance and traditional affairs, and Chief Ngomane, all of whom opposed the appeal.
The royal family sought an order compelling the premier to revoke the chief’s certificate of recognition and formally declare the position vacant.
At the centre of the case was a December 3, 2020, resolution in which some members of the royal family accused Ngomane of undermining customs, disregarding their authority, and engaging in criminal activities.
They demanded that the premier withdraw Ngomane’s certificate of recognition in line with Section 20 of the Mpumalanga Traditional Leadership and Governance Act.
Role was discretionary
At the time, the premier was Refilwe Mtshweni-Tsipane, who has since moved on to become chairperson of the National Council of Provinces.
The Mbombela High Court, however, ruled that her role in this matter was discretionary, meaning she was not legally bound to remove a chief simply because the royal family wanted her to do so.
Delivering the judgment, Acting Judge Johannes Roelofse dismissed the royal family’s argument that the law left no room for the premier’s own assessment of the matter.
He stressed that traditional leadership decisions, including the traditional council’s resolution to remove Ngomane, could not be made without ensuring compliance with constitutional principles.
“The duty of assessing whether or not the assumption of the role of the removed Inkhosi from office accords with the customs and the provisions of the Act rests squarely with the Premier,” he ruled.
Court records reveal that the dispute was investigated by the department, which found no justifiable reason to remove chief Ngomane.
Chief rejects the allegations
Roelofse noted that while the chief had not officially opposed the application, he had filed an affidavit rejecting the allegations.
“Although the chief did not oppose the application, he filed a confirmatory affidavit wherein he challenged the applicant’s standing, the resolution, and the allegations against him. These issues were therefore properly in dispute,” Roelofse said.
He added that the royal family had not proven that the chief violated any customary rule warranting removal.
“The appellant had not shown the existence of the customary rule, that it was transgressed, and that the transgression warrants the removal of the chief,” he ruled.
With the February 24, 2025, judgment dismissing all 10 grounds of appeal, the royal family was ordered to pay the legal costs of Ndlovu, who succeeded Mtshweni-Tsipane in the 7th administration, as well as those of the provincial government and Chief Ngomane.
