Bangindawo and others v Head of the Nyanda Regional Authority and another; Hlantlalala v Head of the - [1998]JOL2048(Tk Reportedin(Butterworths

Bangindawo and others v Head of the Nyanda Regional Authority and another; Hlantlalala v Head of the

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Bangindawo and others v Head of the Nyanda Regional Authority and another; Hlantlalala v Head of theWestern Tembuland Regional Authority and others[1998] JOL 2048 (Tk)Reported in(Butterworths)[1998] 2 All SA 85 (Tk),1998 (3) BCLR 314 (Tk)Judgment Date(s):2185 / 95; 312 / 96Hearing Date(s):138 / 02 / 98Marked as:ReportableJurisdiction:High CourtDivision:Transkei Provincial DivisionJudge:Madlanga JBench:Madlanga JParties:Nyanisile Bangindawo, Shoveka Sikhilongo, Jackson Mqebedu (At);The Head of the Nyanda Regional Authority, The Minister of Justice(R); Kutete Hlantlalala (At); The Head of the Western TembulandRegional Authority, Ngangomhlaba Matanzima, The Minister ofAppearance:Adv WH Trengoce SC, Legal Resources Centre (At); Adv JNM PoswaSC, Adv DS Koyana, Government Attorney (R in first application);Adv MTK Moerane SC, Adv SM Mbenenge, Government Attorney (Rin second application)Categories:Application ­ CivilFunction:Confirms legal principleKey WordsCourts ­ Regional Authority Courts ­ Jurisdiction ­ Constitutionality ­ Legal representation ­ Judicial independence ­Procedures ­ Regional Authority Courts Act 13 of 1982 ­ Regional Authority Courts Act 13 of 1982, s2 ­ RegionalAuthority Courts Act 13 of 1982, s2(1) ­ Regional Authority Courts Act 13 of 1982, s3 ­ Regional Authority Courts Act13 of 1982, s3(1) ­ Regional Authority Courts Act 13 of 1982, s5 ­ Regional Authority Courts Act 13 of 1982, s7 ­Regional Authority Courts Act 13 of 1982, s7(1) ­ Republic of South Africa Constitution Act 200 of 1993 ­ Republic ofSouth Africa Constitution Act 200 of 1993, s22 ­ Republic of South Africa Constitution Act 200 of 1993, s229 ­Republic of South Africa Constitution Act 200 of 1993, s241 ­ Republic of South Africa Constitution Act 200 of 1993,s241(1)Mini SummaryApplicant seeking to have Regional Authority Courts Act 13 of 1982 declared invalid and contrary to the ConstitutionAct 200 of 1993. Held, the cumulative effect of sections 229, 96, 103, 241, and 242 of the (interim) Constitution ofthe Republic of South Africa Act 200 of 1993 and the fact that the (interim) Constitution of the Republic of SouthAfrica Act 200 of 1993 did not directly outlaw the regional authority courts leads to the conclusion that the framersof the Constitution intended that the courts continue to exist. Finding further that the jurisdiction of the courts beattached to the concept of 'Transkei citizenship'. Support for this view to be found in section 232(2) of Act 200 of1993. The regional authority courts are clearly more akin to the traditional African law setting than a westernsetting. The conception of judicial independence and impartiality in respect of regional authority courts is notnecessarily the same as in respect of courts in the western law setting. However, despite their operation ascustomary courts, where legal representation was not the norm, held the pre­Constitution laws are still required tomeet all the standards prescribed by Chapter 3 of the Constitution. Accordingly, section 7(1) of Regional AuthorityCourts Act 13 of 1982 violated sections 22 and 25(3) of Act 200 of 1993 and should be struck down. The
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