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Mviseni Vincent Mugivhi.

Court asked to intervene in Ha-Mutsha leadership issue

 

In yet another traditional leadership dispute playing itself out in the High Court in Thohoyandou, the court is being asked to force the Commission on Traditional Leadership Disputes and Claims (CTLDC) to make a ruling as to who the senior traditional leader should be in Ha-Mutsha.

Mutheiwana Joseph Mugivhi’s legal team filed papers in February this year in the Limpopo High Court in which they argue that their client is the legitimate traditional leader of the settlement and deserves to have his case heard by the CTLDC. At the end of last year, the CTLDC cancelled the scheduled public hearings on the issue, claiming a conflict with an apparent previous decision taken on the matter by the then premier of the province, Mr Cassel Mathale.

The other respondents in the court case include the Premier of Limpopo, the MEC for Co-operative Governance, Human Settlements and Traditional Affairs (Coghsta) and the Mugivhi Royal Council.

In Mutheiwana Mugivhi’s founding affidavit he states that he is the son of the late Mphagi Jim Mugivhi. He argues that he is the first male child born from the dzekiso wife, which would make him the logical successor to the title. His father died in 1966, when he was only 10 years old. According to him, his half-brother, Thanyani Thompson Mugivhi (commonly known as TT Mugivhi), was appointed in 1968 to act on his behalf until he came of age.

TT Mugivhi ruled for 38 years until his death in 2006. In February 1980, he was installed as chief by the then president of the Republic of Venda, Patrick Mphephu.

Following his death, the name of TT Mugivhi’s son, Khuliso Goodwill Mugivhi, was forwarded by the royal family as his successor. This appointment, however, met with resistance and in August 2010 the Limpopo High Court adjudicated in the matter and set aside this appointment. The respondents, which included the province’s premier and the Mugivhi Royal Council, asked the court for leave to appeal against this ruling, but this was refused in September 2010. According to a letter from Coghsta, Khuliso Goodwill passed away later that same year.

In November 2012, the Mugivhi Royal Family submitted the name of Mviseni Vincent Mugivhi as the successor. This followed after his two elder brothers, Elias Mbenge and Thizwihanngwi Moses, opted not to take up the position. In a letter dated 9 November 2012, Coghsta’s senior manager of traditional affairs confirms the appointment of Mviseni Vincent Mugivhi as senior traditional leader of the Mugivhi Traditional Community. The recommendation is supported by the executive committee of the House of Traditional Leaders.

In Mutheiwana Joseph Mugivhi’s affidavit, he claims that, throughout the years, disputes and claims were submitted to the Mushasha Commission into Vhuhosi Affairs and also to the Ralushai Commission of Inquiry. “When Thanyani Thompson Mugivhi died, there was an outstanding dispute and claim lodged with the then Nhlapo Commission,” he states.

In a letter dated 14 October 2014, the CTLDC refers to the dispute and invites Mutheiwana Mugivhi to be present at a public hearing to be held on 29 October 2014 at the Vhembe District Municipality during which the dispute would be discussed. This meeting, however, never materialized and the CTLDC informed Mutheiwana Mugivhi that an administrative and legally binding decision had already been taken by the Limpopo Premier in 2012.

In an answering affidavit, the chairperson of the CTLDC, Ramokone Kgatla, claims that the applicant in the case failed to disclose various relevant facts and misrepresented some other facts. Kgatla states that the Mugivhi Royal Family was informed on 12 December 2012 of the decision of the Limpopo Premier to appoint and recognise Mviseni Vincent Mugivhi as senior traditional leader at Ha-Mutsha.

As far as the refusal of the CTLDC to hold public hearings is concerned, Kgatla says that they had obtained legal advice on the matter and took a view that “it had no power or authority to adjudicate the Mugivhi chieftaincy dispute as there was an administrative decision taken by the Premier of the Limpopo Province.” The CTLDC advised the applicant to file a review application challenging the Premier’s decision.

In his affidavit, Kgatla says that various duly constituted commissions of enquiry were established and made recommendations as to who the senior traditional leader should be. He also argues that, prior to the Premier's making his recommendation, he had consulted the House of Traditional Leaders which, in turn, had consulted the Mugivhi Traditional Royal Family. According to him, he and other officials only discovered shortly before the October 2014 hearings that the Premier had already appointed Mviseni Vincent Mugivhi as traditional leader.

“I am advised that the legal position is that when an administrative action is taken, whether it is right or wrong, it has to be set aside on review by the High Court,” he states.

The lawyer representing Mutheiwana Joseph Mugivhi, Mr Vuledzani Mathivha, said on Tuesday that they were in the process of preparing their heads of argument and, once these were finished, they would push for a date for the court hearing. He was confident that the case would be heard towards the latter half of this year.

According to Mativha, they will dispute the authenticity of the letter from the Premier wherein it is announced that Mviseni Vincent Mugivhi was appointed as the new traditional leader. Mathivha described the document as fraudulent and said the Premier could not have issued it in terms of the relevant laws.

The Mugivhi Royal Council also reacted and expressed their concern over the matter. The chairperson of the royal council, Mr Stephens Mugivhi, said that decisions regarding the chieftainship or vuhosi should be made by the family. He said the title was the property of the family and “the appointment of the successor will thus be the responsibility of the royal family.”

News - Date: 26 June 2015

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Mutheiwana Joseph Mugivhi's legal team filed papers in the High Court.

 

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Kaizer Nengovhela

Kaizer Nengovhela started writing stories for Limpopo Mirror in 2000. Prior to that he had a five year stint at Phala-Phala FM as sports presenter. In 2005 Kaizer received an award from the province's premier as Best Sports Presenter. The same year he was also nominated as Best Sports Reporter by the Makhado Municipality. Kaizer was awarded the Mathatha Tsedu award in 2014.

Email: [email protected]

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