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Princess Masindi Mphephu.

SCA ruling on kingship causes mixed reactions

 

The Supreme Court of Appeal’s ruling on the Vhavenda kingship caused mixed reactions. Some welcomed the ruling, while others were sceptical as to what consequences it holds for traditional customs.

Last Friday, the Supreme Court of Appeal (SCA) set aside the decision by former President Jacob Zuma to recognise Toni Mphephu-Ramabulana as the king of the Vhavenda. One of the reasons given was that the criteria used by the royal family when selecting a suitable successor promoted gender discrimination. The court also ruled that the meeting during which the royal family chose the new incumbent had not been properly constituted in terms of the relevant legislation.

Speaking after the ruling on behalf of the Masindi family, Mr Lufuno Mphephu said the court had vindicated them and that the ruling was good news to them. “This is exactly what we were praying for and the court has shown that things were not done the right way. What happened on Friday has given us much hope,” he said.

“Toni has never been a chief. He was just a ndumi and became a regent after the passing on of Dimbanyika Mphephu. We have only one king, who is Masindi,” he added.

On behalf of the Mphephu-Ramabulana family, Mr Ntsieni “Big Daddy” Ramabulana said they were still studying the ruling. According to their understanding, he said, the Vhavenda nation still had a king until the matter was finalised.

He was referring to the wording in the SCA ruling stating that “…the review and setting aside of the respondent’s recognition as King of Vhavenda and the withdrawal of his recognition certificate will have to be stayed, pending the completion of the proceedings, including any appeal process that might arise therefrom.”

Masindi’s lawyer, Mr Johann Hammann, explained earlier this week that the court had to put an interim measure in place, so as not to create a leadership vacuum. He said Toni Mphephu-Ramabulana would act as interim leader, or regent, until the legal processes were finished.

Ntsieni Ramabulana said that they would abide by the court ruling.

After receiving the judgement, Limpopo Premier Stan Mathabatha said he would first study the whole judgment and act within the prescripts of the law.

Princess Masindi Mphephu commented that she now had hope that the matter would soon be laid to rest.

 

News - Date: 20 April 2019

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Elmon Tshikhudo

Elmon Tshikhudo started off as a photographer. He developed an interest in writing and started submitting articles to local as well as national publications. He became part of the Limpopo Mirror family in 2005 and was a permanent part of the news team until 2019.

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