Judge to rule on legal points in kingship battle

An application by the legal team of Masindi Clementine Mphephu that the court must separate the case and first rule on the various legal issues at stake, was granted. The case, in which the kingship of the Vhavenda is contested, was briefly heard in the Thohoyandou High Court on Monday morning.

In the case before the court, the 24-year-old Ms Mphephu claims that she should have been next in line for the throne, but was overlooked because of, among others, gender discrimination. Masindi is the only child of the late paramount chief of the Vhavenda, Tshimangadzo Mphephu (who ruled under the name Dimbanyika).

On Monday, the High Court granted a request that the court first provide guidance on a number of questions posed by the applicants. The application was not contested by the respondents’ legal team. Presumably, a  senior High Court judge will now first rule on the technical legal points, before the merits of the case can be heard.

The lawyer for the applicants, Mr Johann Hammann (Sr), welcomed the decision of the court and expressed the hope that this would expedite the case. The applicants argued that such a step is necessary avoid the need to refer disputes of fact to oral evidence and the testimony of expert witnesses. Mr Hammann was optimistic that the case will be heard before the end of the year.

The applicants in the case are Masindi Clementine Mphephu and her uncle, Mbulaheni Charles Mphephu. The latter argues that, should Masindi not be considered for the kingship position, he would be next in line.

In their application that served before the court, the two applicants ask the court to rule on 17 questions, which include matters of jurisdiction, the periods of prescription and the applicable review processes to be followed. The court is also being asked to determine whether the President’s decision to acknowledge Toni Mphephu as king of the Vhavenda should first be challenged and whether the legislation was in place to make it a lawful decision.

 The respondents in the case include King Toni Mphephu Ramabulana, President Jacob Zuma, the Limpopo premier as well as the national and provincial houses of traditional leaders.

The outcome of the case may depend on the court’s interpretation of the rule of male primogeniture. The applicants argue that the Bill of Rights places an obligation on the government to develop customary law in line with the Constitution.

The applicants are represented by Hammann Moosa Inc, Advocate Alan Dodson SC and Advocate Janice Bleazard, whereas President Zuma, the Minister of Corporate Governance and Traditional Affairs and the Commission on Traditional Leadership and Claims are represented by Advocate Norman Arends SC and Bhadrish Daya Attorneys.

News - Date: 03 September 2015

Anton van Zyl

Anton van Zyl has been with the Zoutpansberger and Limpopo Mirror since 1990. He graduated from the Rand Afrikaans University (now University of Johannesburg) and obtained a BA Communications degree. He is a founder member of the Association of Independent Publishers.

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