The man who claims to be the "first-born son" of the late Patrick Mphephu Ramabulana has no claim to the kingship, says the Mphephu royal family.

A week ago, Elius Ndanduleni Mphephu's lawyers filed papers in the Thohoyandou High Court, asking the court to intervene. He claims that he is the rightful heir to the throne.

In an exclusive interview with a top delegation of the royal family at their guest house in Dzanani on Monday afternoon, Vho-Khotsimunene Vho-Mavhungu David (Japan) Mphephu, Vho-Makhadzi Vho-Phophi Ramabulana and the family's legal representative, Nkhumeleni Paul Makhavhu, strongly denied that Ndanduleni was royalty from their house.

According to David, the second-highest senior and an influential member of the Mphephu family, he had never seen or heard of Ndanduleni before "earlier this year when he called me on my cell phone, requesting a meeting. When I met him (for the first time in my life), he introduced himself as the first-born son of my late brother, Patrick Mphephu. I was shocked because I did not know him and had never met him before."

According to David Mphephu, Ndanduleni then said he wanted to discuss the kingship position, "as it belonged to him. I told him that I could not discuss such an issue on the street, as it was a family matter.  He said he had already tried to raise the matter with the family, with no success," said David.

Vho-Makhadzi (Phophi) said that she had never met Ndanduleni "until when he came to me last month and argued that I must agree that he is the son of my late brother, Patrick Mphephu. At first I thought I was dreaming, but he insisted. I refused and told him that he was out of his mind."

On the position of the kingship, David (Vho-Khotsimunene) said Vho-Makhadzi was the only one who could decide who the rightful heir to the throne was. "We as Makhotsimunene have the final say by endorsing her decision and no one can change that." He added that Vho-Makhadzi chose Toni Mphephu Ramabulana as the rightful heir to the throne. This happened after the office of President Jacob Zuma had approached the family and asked them to provide the name of a person who would be the king of the Vhavenda, as per the findings of the Nhlapo Commission. The commission found that the kingship belonged to the Mphephu royal family.

Confirming her stand, Vho-Makhadzi said: “'I made my decision by choosing Toni as the rightful King, and no one will ever make me change my mind."

According to David, the person who is the rightful heir to the throne does not declare himself or herself as king or queen. That responsibility lies with the senior members of the family, Vho-Makhadzi and Makhotsimunene. "If a person stands up and declares himself or herself as the rightful heir, then that person is not the right candidate.  Even Toni did not choose himself.  No one can remove him except us."

David explained that in 1993, after the death of his brother, Tshimangadzo Norman 'Dimbanyika' Mphephu was installed as king.  Dimbanyika died on 25 December, 1996, in a vehicle accident near Aventura Tshipise.

"We then installed Toni Mphephu-Ramabulana in 1998 and no one came forward to oppose us.  Now it seems as if people are challenging our decision because of greed as everything is happening immediately after Toni became king. We have a very strong message to all opportunists. No one will ever change our decision.  Those who are not happy with it must learn to live with it as we will not change.

"Agteros kom ook in die kraal - ons kan hulle toesluit," said David, loosely translated into Venda as "Phulu dzothe dzi do dzhena dangani namusi dzi sa funi."

Ndanduleni’s claims do not seem to have the support of various other family members. His aunt, Luvhengo Selina Mphephu, has expressed her shock and disappointment about his claim for the throne.

In an exclusive interview with Mirror from her home in Dzanani on Monday, Luvhengo said she was ashamed that Ndanduleni was making a claim to the throne. "I am an aunt to Ndanduleni.  His late grandmother, Muofhe Sikhala, was an elder sister to my mother, Makwarela Mphephu.

"Ndanduleni and his siblings came and stayed here while he was very young.  He came with his mother Matamela, grandmother Muofhe Sikhala and his grandfather Tshilume Mphathi to seek refuge at the royal house after Mphathi was chased away by the community from Ha-Madodonga (Ha-Kutama), following an incident where lightning had struck the village.

"Mphathi then left for the farms in Ha-Dzhubere after the family here questioned the decision by my mother (Makwarela) to accommodate someone who had been chased away by the community he belonged to," said Luvhengo.

She claims Ndanduleni's mother was never married at Dzanani by the Mphephus. Instead, she said, Matamela was married to the Lisoga family, also in Ha-Madodonga. "I don’t understand why Ndanduleni is doing this. I am still shocked. I don’t want to see that man again. If ever you see him, tell him that he must never come anywhere near my home," said a very emotional Luvhengo, who last saw Ndanduleni two months ago.

Luvhengo said she was also surprised that Ndanduleni was now a Mphephu, not a Sikhala.

Records from the department of Home Affairs show that Ndanduleni changed his surname from Sikhala to Mphephu on 7 March, 2008. His first application to change his surname was submitted to Home Affairs in Randburg on 21 February, 2006.  He submitted it again on 6 February, 2007, and it was approved on 21 February, 2007.

On 7 March 2008, Home Affairs' computers indicated "Application for CONS sent to H/O." Immediately after this, Ndanduleni was a Mphephu.

The Mphephu royal family's legal representative, Paul Makhavhu, said they were suspecting fraud in the process of changing the surname as no one from the family had been involved. He indicated that he had not received the application of intervention from Ndanduleni's legal representatives, Beukes-Sikhala Attorneys.

Ndanduleni’s son, Khathu Sikhala, reacted and said that the papers had been sent on Monday, 11 February.

When asked why Ndanduleni had taken so long to announce his challenge for the throne, Sikhala said his client (his father) had the right to decide when to act.

About why his father had taken so long to change his surname, Sikhala said: "I don’t have an answer to that, but my father told me that Vho-Makhadzi (Phophi) gave him the ID number of his late father, Patrick, more than 15 years ago.  Why he did not change his surname then, I do not know," said Sikhala.

Khathu Sikhala was also asked to respond to allegations made by the royal family that his father had no claims whatsoever to the throne. He refused to answer questions, saying that the matter was pending in court.

"I find it very disturbing and a bit disrespectful that the Mphephu royal matter is being communicated through the media," he said in an SMS. "This would not have happened had the royal council agreed to meet my father and discuss (the matter) as mature elders. Now they ask the media to ask me questions which they should have done upon receipt of the letters," he said.

Prior to sending the SMS, Sikhala again stated that his grandmother had been married to the late Patrick Mphephu. He said she had stayed with a relative who was married into the royal family and this was when she had met the late king.