Polokwane High Court to hear Masindi appeal request

The battle for the Vhavenda royal title returns to the court this week, when the High Court in Polokwane needs to decide whether the ruling of presiding Limpopo Judge President Ephraim Makgoba may be appealed. Judge Makgoba dismissed a case last year in which Masindi Clementine Mphephu challenged the appointment of her uncle, King Toni Mphephu Ramabulana, as king of the Vhavenda.

The legal team of Masindi Mphephu approached the court, asking it to first rule on numerous technical aspects. The case was heard in the Limpopo High Court in Thohoyandou in December last year. In their original application, the applicants asked that the court rule on 17 questions, which include matters of jurisdiction, the periods of prescription and the applicable review processes to be followed. The court was also 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 had been in place to make it a lawful decision.

Judge President Ephraim Makgoba was critical of their approaching the court, questioning whether they had exhausted all other avenues, such as the Commission on Traditional Leadership Disputes and Claims, to resolve the dispute. He was also not convinced that the issue of male primogeniture was central to the case.

According to Mr Johann Hammann, lawyer for Masindi Mphephu, they are positive that an Appeal Court will set aside Judge Makgoba’s ruling and give guidance on the technical points raised. He said that they had also received an application that the crowning ceremony of Toni Mphephu Ramabulana be allowed to continue. Masindi’s legal team previously brought an interdict before court requesting that the ceremony be halted until such time as the legal processes are finalised.

“We will also ask the court to rule that the interdict remains applicable until the appeal case is heard,” he said.

News - Date: 24 May 2017

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.

Email: