Capacity: Judge
First Appointment: April 2021 (Mpumulanga High Court)
Gender: Male
Ethnicity: African
Date of Birth: December 1973
Qualifications: B Juris (1995) LLB (1998) (University of Venda) LLM (2004) (University of Johannesburg).
Key judgments
- Malope v Minister of Home Affairs and Others (2358/2021) [2022] ZAMPMBHC 80 [2022];
- Hoku Investments (Pty) Ltd v Dr Pixley Kaisaka Seme Municipality and Others (69/2022) [2023] ZAMPMHC 44;
- Capitec Bank Limited v Mahlangu and Another (A16 / 2020) [2021] ZAMPMHC 28 [ 2021];
- Prinsloo v MEC of the Department of Education, Mpumalanga Province (2694/2020) [2022] ZAMPMBHC 48; (2022) 43 ILJ 2118 (MM) (28 June 2022)
- Shange v S (A09/2024) [2024] ZAMPMBHC 35 (4 June 2024)
Candidate Bio (updated September 2024):
Judge Takalani Vincent Ratshibvumo is a judge of the Mbombela High Court, Mpumalanga Division.
Judge Takalani Vincent Ratshibvumo is passionate about helping the community through the law. As a student, he volunteered his legal services, giving legal advice to the poor community in and around Thohoyandou in Limpopo. He was a lecturer at the University of Venda before becoming a public prosecutor, later a magistrate, and finally a regional magistrate, a position that he still holds today.
Judge Takalani Vincent Ratshibvumo holds a B Juris (1995) and LLB (1999) both from the University of Venda. He also holds an LLM (Cum Laude) from the University of Johannesburg. He is a member of the Association for Regional Magistrates (ARMSA). He was a member of the Judicial Officers’ Association(“JOASA”) where he served as the president, vice president and secretary in Gauteng.
He was first appointed as an acting judge in 2013 in the North and South Gauteng High Courts. In an interesting judgment, N v Minister of Police, he held that the Minister of Police could not be held vicariously liable for the actions of a police officer who was off duty, not wearing a police uniform, and not driving a marked police car.
Judge Ratshibvumo is a well-published author and has presented a number of his papers at national conferences and in different countries in Africa. In addition to his legal prowess, he is a webmaster and was responsible for designing and updating JOASA and ARMSA websites from 2008-2018.
Some of Judge Takalani Vincent Ratshibvumo’s significant recent judgments include Hoku Investments (Pty) Ltd v Dr Pixley Kaisaka Seme Municipality and Others. This case involved a dispute regarding a tender between Hoku Investments and Dr Pixley Kaisaka Seme Municipality. Hoku Investments sought judicial intervention in what they alleged to be an unfair procurement process. Judge Ratshibvumo’s decision focused on the principles of administrative justice, emphasizing the need for transparency and fairness in government tender processes. His judgment reinforced the importance of municipalities adhering to lawful procurement procedures, ensuring that contracts are awarded based on merit and fairness.
In the Malope v Minister of Home Affairs and Others case, the applicant challenged the Minister of Home Affairs on grounds of procedural unfairness in the application of immigration regulations. Judge Ratshibvumo’s ruling was pivotal in highlighting the duty of government departments to follow the law in dealing with vulnerable immigrants. His judgment emphasized the need for accountability in immigration matters, ensuring that administrative decisions affecting fundamental rights are subject to rigorous scrutiny.
April 2021 Interview:
April 2021 Interview Synopsis:
Mr Ratshibvumo’s interview was successful. The JSC recommended him for appointment to the Mpumulanga Division of the High Court.
