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15 November 2019 Year 30 Vol: 11
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Royal Council say they will challenge findings saying that a Ndumi can’t be king
No, Toni can be the king By Anton van Zyl
Princess Masindi Mphephu.
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The Mphephu-Ramabulana royal council will challenge the recommendations of the provincial and national Houses of Traditional Leaders. These houses filed a report in the Limpopo High Court last week wherein, among others, they state that Toni Mphephu Ramabulana cannot be king of the Vhavenda. The spokesperson for the royal council, Mr Ntsieni Ramabulana, said in an interview earlier this week that they did not agree with all the findings of the Limpopo House of Traditional Leaders (LHTL) and the National House of Traditional Leaders (NHTL). When the case reaches the High Court, they will challenge these findings and present their arguments. The two houses filed their recommendations last week as instructed by the Supreme Court of Appeal (SCA). In April this year, the SCA ruled in favour
of Masindi Clementine Mphephu in her legal battle against Toni. The SCA set aside the recognition of Toni as king of the Vhavenda and ordered that the case be heard again in the Limpopo High Court and that a ruling be made on several burning issues. The SCA also instructed the LHTL and the NHTL to provide the Court with clarity on three issues. The first was whether measures had been put in place to promote the principle of primogeniture in traditional communities. This issue was fiercely debated in the case before the SCA, where Masindi argued that she had been side-lined in the succession battle because of her gender. The two houses cite several examples where women are in leadership positions. They believe that much has been done the past decade to adhere to the requirements of the Constitution. “The Vhavenda customary law of succession had already been changed to accommodate women,” state the findings. The
example is used of Ms Phophi Mphephu, who, as Makhadzi, served as acting paramount chief for a long period of time. The second issue on which clarity was required, was whether a child born before his or her parent became king or queen could be recognised as a successor. In the Vhavenda succession case, the argument was that Masindi had been born before her father, Dimbanyika, became king. The two houses explained that the Vhavenda customary law was basically the same as that of most communities. The only requirement was that the successor must be born from a Dzekiso wife. In the case of Masindi, her mother, Fhulufhelo, was accepted to be the official Dzekiso wife and she was married to Dimbanyika according to all the required customs. (Continued on page 2)
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