The Commission in the North West assisted Ms Mathuloe to lodge a further appeal at the North West Division of the High Court in Mahikeng. In the appeal, the Commission contended, on behalf of Ms Mathuloe, that Tribal or Traditional Courts no longer have jurisdiction in respect of eviction matters, in light of the advent of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act, 1998 (“PIE Act”) and the Extension of Security of Tenure Act 62 of 1997 (“ESTA”).

The North West Division of the High Court agreed with the above contention and held in paragraph 23 of its judgment that “[o]n section 11(3) of PIE alone the jurisdiction of the tribal courts has been ousted since 5 June 1998”(sic).

A copy of the full judgment can be found on the link below:

https://www.sahrc.org.za/home/21/files/CCE20240304_0001.pdf.

The Commission welcomes the judgment issued, which has brought much-awaited relief for Ms Mathuloe, who has recently been approved for an RDP house. Contractors have been awaiting the finalisation of this matter to commence the construction of her home.

The Commission also hopes that the judgment will contribute to curbing the ultra vires eviction of vulnerable persons by Traditional Courts.

For further information, please contact the SAHRC North West Provincial Manager, Shirley Mlombo, on 083 575 1893 / This email address is being protected from spambots. You need JavaScript enabled to view it..