An application for an urgent interim interdict was granted in the Thohoyandou High Court in December 2012, stopping Thovhele Kennedy Tshivhase from installing two new chiefs in the Phiphidi and Ramulongo villages.

The feud between different royal structures in Venda seems to be spreading and this case is one of several that are now being contested in the courts.

On 28 December last year, the Makanga Royal Family and the Mafunzwaini Royal Family, together with two headmen, Muthuhathonwi Edison Nemakanga and Edzisani Phineas Mafunzwaini, approached the High Court. They asked that an interim interdict be granted to stop the installation of two new chiefs. In the affidavits filed in court, the parties argue that Thovhele Kennedy Tshivhase is continuing with plans to elevate two headmen, Jerry Tshivhase and Gumani Samson Ramulongo, to the status of Thovhele. This would mean they have jurisdiction over Headman Nemakanga and Headman Mafunzwaini’s areas. The installation event was, according to the court documents, planned for 29 December.

In Muthuhathonwi Edison Nemakanga’s affidavit, he describes how they were informed of the decision of Kennedy Tshivhase by two “messengers” on 24 December 2012.

Both Nemakanga and Mafunzwaini were against the elevation of a fellow headman to that of chief. They described Headman Jerry Tshivhase as a troublemaker and accused him of deliberately violating their boundaries in the past and carrying out activities in other headmen’s areas. Their pleas to Thovhele Kennedy Tshivhase to intervene and act against the irregular behaviour apparently fell on deaf ears. The two royal families discussed the matter and decided that they had no other option than to put up a legal fight to stop the actions.

From the court documents filed it appears that the Department of Co-operative Governance, Human Settlements and Traditional Affairs was also not informed about the planned installation of new chiefs. In a letter sent to the two headmen, dated 27 December, the department distances itself from the actions and states that the proposed installation is not in terms of the Limpopo Traditional Leadership and Institutions Act.

It further seems that the elevation of the status of the headmen may have had a price tag attached to it. In a confirmatory affidavit filed, Langanani Jackson Mafunzwaini describes how he tried to resolve the matter by speaking to the parties involved. He alleges that he had a telephone conversation with headman Gumani Samson Ramulongo on 25 December, asking him to reject the proposed appointment as “deputy Thovhele”. “… he responded by informing me that he would not, as he had already paid an amount of R30 000,” Mafunzwaini states in his affidavit.

Thovhele Kennedy Tshivhase has been the subject of some controversy in the past months. He is being accused of unilaterally pushing ahead with plans to divide the area into 25 regions, each with an own “Thovhele” and “deputy Thovhele”. In Nemakanga’s affidavit, he alleges that Thovhele Kennedy Tshivhase even ignored the advice of a delegation from the House of Traditional Leaders to stop appointing chiefs.

Incidents of violence have been reported in Tshisahulu and Maungani villages  where Tshivhase was going to install new chiefs.

Approached for comment, Mailausumbwa Kennedy Tshivhase (as he is now being called) said the interdict was irrelevant as they were not replacing the existing chiefs. He said some traditional leaders felt threatened and thought that they were being demoted when they heard of new chiefs being installed.

"There is no threat to the existing chiefs. We are just strengthening the Tshivhase kingdom for the sake of good governance and efficient service delivery. There is no sinister motive behind the installations," said Tshivhase. He also denied that he was charging people an amount of R30 000 for them to be chiefs.

"Chieftainship is not a profession and cannot be bought. As traditional leaders, we do not have to wait for government to tell us to install chiefs. We know whom to install and we will continue doing so until we reach our target," he said.

The parties will be in court again on 12 February, when judge PZ Ebersohn will have to decide on whether the interdict should become a final order. The respondents must file their answering affidavits before the end of January.