Although the judge did not grant any order restraining the respondents from continuing with development projects near the Phiphidi Waterfalls, the Ramunangi clan says they will invoke the spirits of their ancestors to make sure no one messes with the site. The development area is in the sacred burial sites of the Ramunangi clan.

This comes after an order granted by the Limpopo High Court on July 7, last year, was not complied with by the respondents, the Tshivhase Development Foundation. As a result, the Ramunangi clan filed another order this week, requesting the court to restrain the contractor and other respondents from continuing working on the sites.

The case was postponed to February 21 after the judge realised that the contractor, who is the sixth respondent, was not legally represented. The postponement, which was not coupled with an order to stop working on the site, was not well received by the clan.

Makhadzi Vho Tshavhungwe Ramunangi, on behalf of the clan, the custodians of the sacred Phiphidi Waterfalls, has warned those who continue defiling the sacred site that the gods will deal with them decisively. The khadzi, who is in her late 80s and is the one who performs rituals on behalf of the clan, is the first applicant. Together with five others, they are seeking an order to stop developers from continuing construction at the site, saying it is against custom. “I want this matter to be resolved as a matter of urgency, as the delay provides an opportunity to continue with the work," she says.

The khadzi says the site is of importance to them, as it is the only place where they can communicate with their ancestors, where they can ask for rain and even inform the ancestors of a new birth in the family. “We are very old people, but we are here in court to try and stop the unscrupulous and greedy investors from invading our place. The gods are very angry and it is only a matter of time before they listen to our prayers and deal with these dirty people, who are only after money,” she said.

The matter revolves around the issue of service, with the respondents claiming not to have been served properly with the relevant documents at all. In some instances, the sheriff had to leave papers at the gate, after security guards refused to accept them.

The applicants´ legal representative, Adv Neil Duvenhage SC, said the refusal to receive the papers clearly showed that the respondents were buying time and showed reluctance on their part to start with the case.

In his judgement, Judge (wag nog vir die naam) said he had heard the plea from the Ramunangi family that the order that was granted on the 7th of July 2010 be complied with and that, in supporting the previous order, the current order be regarded as urgent. He also said, however, that it would be unfair for him to give judgement as the contractor was not represented and could therefore not provide a strong argument why he should be allowed to continue with the work.

Meanwhile, Dzomo la Mupo, an activist group that looks after sacred sites, got into the fray and praised the clan for their courage, expressing hope that justice would be done. They say they are concerned because senior local traditional leaders, who are the custodians of culture, know that the place is sacred, but say nothing about the matter.

“Traditional leaders must be on the forefront of people´s struggle to keep sacred sites sacred, or else they will lose touch with the people on the ground,” said the group´s director, Mphateleni Makaulula.