Limpopo Mirror 19 November 2021

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19 November 2021 Year 32 Vol: 12

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ISSN 2409-6784

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A victory for the princess, but royal battle continues elsewhere in the newspaper) The spokesperson for the MphephuThe setback last week in the ConstituRamabulana royal house, Mr Charles tional Court will not be a deterrent to Ramabulana, said that both the ConCourt the Mphephu-Ramabulana royal house and the SCA had directed the family to call a and the members will soon gather to properly constituted royal council meeting. select a new incumbent. Princess Masindi Such a meeting must be attended only by Mphephu seems unlikely, however, to be members of the Mphephu Royal Council, the royal family’s choice to succeed to the and a new incumbent will then be selected. throne. “Both courts were in agreement that the royLast Friday, the acting king of the Vhaven- al family were the only constitutional body da, khosikulu Toni Mphephu-Ramabulana, that could make that determination. The suffered a devastating defeat when the Con- royal family will abide by that ruling and do stitutional Court (ConCourt) dismissed his as the court directed,” he said. application to appeal against a previous rulA point of contention that is likely to be ing of the Supreme Court of Appeal (SCA). raised during such a meeting is whether a The SCA ruled in 2019 that his appointment ndumi can become the new ruler. In a report by former president Jacob Zuma was done filed in November 2019 in the Limpopo unlawfully and was set aside. High Court, both the provincial and national The ConCourt did consider a cross-appeal House of Traditional Leaders reckoned by Toni’s main contender for the throne, this could not happen. “The Ndumi is his niece Masindi Clementine Mphephu, described as a male person appointed by the to strip him of all his powers. The country’s royal family as one of the assistants to the highest court found that the SCA had erred reigning King or Queen,” the report states. when it allowed Toni to continue acting as The two houses highlighted that Toni had king while the court case continued. The been appointed as Ndumi to his late brother, ConCourt not only reversed this decision, Dimbanyika. “His appointment as Ndumi but also granted a cost order in favour of automatically disqualifies him from succeedMasindi for all three courts that the case ing in a position of traditional leadership,” served before. the report reads. (See report on the ConCourt judgment Ramabulana reckons that this is not corBy Anton van Zyl

rect according to the culture of the Vhavenda. “King Thohoyandou was a Ndumi to his brother, king Masindi. Upon Masindi’s untimely passing (with no candle bride/Dzekiso wife), Thohoyandou succeeded Masindi to become King. This being just one of many examples. Both houses are wrong on this aspect of Venda culture,” he said. One aspect that was emphasised by the judges in both the SCA and ConCourt was that traditional law must adapt in line with the country’s constitutional values. This is especially relevant in Masindi’s case, as she believes she was discriminated against because of her gender. “South Africa subscribes to the Roman Dutch law, and that law will at times be at odds with African traditional law, and that needs to be rectified,” said Ramabulana. “There are royal houses that are gender specific (i.e. the Modjadji Royal House) where only women can ascend to the throne. When the situation is reversed, then we cry foul. Discrimination in itself cannot be unconstitutional,” he said. Ramabulana said that the criteria used by the Mphephu-Ramabulana Royal House when selecting a successor were not gender discriminatory. “Gender was not considered when TP Mphephu-Ramabulana was selected.” (Continues on page 2)

Princess Masindi Mphephu.

SINCE 1959


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