By Kaizer Nengovhela and Anton van Zyl

The provincial committee of the Commission on Traditional Leadership Disputes and Claims (CTLDC) was given 90 days to convene and conduct public hearings to try and settle the leadership dispute in Ha-Mutsha. It is, however, uncertain whether the CTLDC has started afresh with the process like the court had instructed.

In December, the Gauteng North High Court ruled that the committee should have done its job in 2014 and proceeded with the public hearings to listen to the objections raised.

The case between Mutheiwana Joseph Mugivhi and several respondents, including the CTLDC, the Limpopo Premier and the MEC for Coghsta, has been continuing for quite some time. Mughivhi's legal team filed papers in February last 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 2014, 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.

Judge SK Hassim presided in the High Court case but was clearly not convinced by the provincial committee of the CTLDC’s argument that its hands were tied, seeing that the Premier had already announced in December 2012 that Mviseni Vincent Mugivhi should be recognised as senior traditional leader at Ha-Mutsha.

Judge Hassim did not address the issue of whether Mutheiwana is a legitimate contender for the title, but merely focussed on the question of whether or not the provincial committee should have investigated the dispute. He dismissed the claim that the matter had been investigated, saying that there was no evidence that either the commission or the provincial committee had investigated the dispute and claim by the applicant.

In his ruling, the judge explains the term “incumbent”, which refers to the person announced as new traditional leader, and states that such a person will necessarily be recognised by the Premier. The fact that the incumbent is recognised does not mean that the CTLDC should withdraw, he said.

One aspect that swung the case in favour of the applicant was the fact that no evidence was presented that Vincent Mugivhi was officially recognised as traditional leader. No notices appeared in the Provincial Gazette and no certificate of recognition was issued. The judge was not convinced by the respondents’ argument that such notices were not a prerequisite.

The CTLDC’s provincial committee was given three months to convene and to conduct public hearings in respect of the chieftaincy dispute. The CTLDC must also pay the costs of the application.

The spokesperson for the Mugivhi family, Mr Stephen Marubini Mugivhi, said that he could not comment on the matter because it had been referred back to the CTLDC to conduct a hearing. He promised to comment after the public hearings had taken place.

When contacted, the chairperson of the CTLDC, Ms RT Kgatla, said that she could not comment at this time. She promised to comment next week after meeting with other officials to discuss the issue. She confirmed that the CTLDC had been instructed by the High Court to conduct hearings.