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 the Western 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 / 96 Hearing Date(s): 138 / 02 / 98 Marked as: Reportable Jurisdiction: High Court Division: Transkei Provincial Division Judge: Madlanga J Bench: Madlanga J Parties: 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 Tembuland Regional Authority, Ngangomhlaba Matanzima, The Minister of Appearance: Adv WH Trengoce SC, Legal Resources Centre (At); Adv JNM Poswa SC, Adv DS Koyana, Government Attorney (R in first application); Adv MTK Moerane SC, Adv SM Mbenenge, Government Attorney (R in second application) Categories: Application ­ Civil Function: Confirms legal principle Key Words Courts ­ 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 ­ Regional Authority Courts Act 13 of 1982, s2(1) ­ Regional Authority Courts Act 13 of 1982, s3 ­ Regional Authority Courts Act 13 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 of South 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 Summary Applicant seeking to have Regional Authority Courts Act 13 of 1982 declared invalid and contrary to the Constitution Act 200 of 1993. Held, the cumulative effect of sections 229, 96, 103, 241, and 242 of the (interim) Constitution of the Republic of South Africa Act 200 of 1993 and the fact that the (interim) Constitution of the Republic of South Africa Act 200 of 1993 did not directly outlaw the regional authority courts leads to the conclusion that the framers of the Constitution intended that the courts continue to exist. Finding further that the jurisdiction of the courts be attached to the concept of 'Transkei citizenship'. Support for this view to be found in section 232(2) of Act 200 of 1993. The regional authority courts are clearly more akin to the traditional African law setting than a western setting. The conception of judicial independence and impartiality in respect of regional authority courts is not necessarily the same as in respect of courts in the western law setting. However, despite their operation as customary courts, where legal representation was not the norm, held the pre­Constitution laws are still required to meet all the standards prescribed by Chapter 3 of the Constitution. Accordingly, section 7(1) of Regional Authority Courts 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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