The Mphephu royal family continues to be under siege and in the past month, yet another “contender” for the throne has stepped forward and asked the courts to decide on the matter.

Hardly six months after President Jacob Zuma made the announcement that Toni Mphephu Ramabulana will be the new king of the Vhavenda, Elius Ndanduleni Mphephu is challenging the decision. He claims that he is the rightful king "as the first-born son of the late Patrick Mphephu".

According to his legal representative, Khathu Sikhala of Beukes-Sikhala Attorneys, Ndanduleni (57) has filed an application in the Thohoyandou High Court, asking for an intervention.

Sikhala said the application, if granted, will be heard together with that of Masindi Clementine Mphephu, which was filed at the end of last year at the same court. Masindi is the only daughter of the late Tshimangadzo Mphephu (who ruled under the name Dimbanyika). The legal team of the 21-year-old woman argues that she would have been the first incumbent for the title but is being discriminated against because of her gender.

Elius Ndanduleni is also complaining about the alleged bullying tactics being used against him. He says he submitted a letter to the Mphephu royal family on 23 January. In this letter, he requests a meeting to discuss the kingship position, which he believes belongs to him.

On the same day, Siloam police allegedly visited Ndanduleni at his home at Dzanani Ha-Tshikota, where he was warned that he must not come anywhere near Vho-Makhadzi Vho-Phophi Mphephu, the sister of the late Patrick Mphephu-Ramabulana.  He was accused of threatening her.

A day later, on the 24th, Ndanduleni was instructed to report to the Siloam police station where he was subsequently arrested and charged with assault because he had allegedly threatened Vho-Makhadzi. After being detained for six hours, he was released on R1 000 bail. He had to appear in the Dzanani Magistrate’s Court the next day, where the case was withdrawn.

Siloam police spokesperson Warrant Officer Edward Tharaga confirmed Ndanduleni's arrest and the subsequent withdrawal of the case.

Khathu Sikhala, who is also the son of Ndanduleni, said his client had decided to take the legal route in challenging the throne after he had tried all other available avenues.

"When the late Dimbanyika Mphephu was put onto the throne in the 90s, my client was expecting that he would be the one to be sworn in. He was surprised when Toni Mphephu Ramabulana was sworn in while he was still waiting," said Sikhala.

Ndanduleni and Masindi are not the first people to challenge for the position occupied by King Toni. The royal families of Tshidziwelele, Mphaphuli and Tshivhase failed in their challenge at the same court late last year.

In his response, Jackson Mafunzwaini, who is the spokesperson for the Mphephu Royal family, laughed off the matter and said: "Ndanduleni is wasting his time and money by going to court."

"Ndanduleni should go to the commission and submit his story, so that the commission can take a decision based on the facts.  The issue of traditional leadership cannot be resolved by the court.  The commission is the only institution that can make a decision," said Mafunzwaini.

Mr Johann Hammann Sr of Hammann Moosa Attorneys reacted om behalf of Masindi Mphephu and said they have received no documents yet. He said even if Ndanduleni was the eldest son of the late Patrick Mphephu, it does not necessarily mean he has any claim to the title. The late Dimbanyika Mphephu was the heir because of him being born from the house chosen to produce a heir by the royal family structures.