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5 April 2013 Year 23 Vol: 30
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By Anton van Zyl
King (queen) ship battle continues ... The battle in the courts to determine who should be the real king or queen of the Vhavenda is gaining momentum, and on Monday (8 April), amended papers will be filed in the Thohoyandou High Court. The parties ask the court to intervene and have the decision to make Toni Ramabulana the king of the Vhavenda declared invalid. The first applicant is the 21-year-old Masindi Clementine Mphephu, only child of the late paramount chief of the Vhavenda, Tshimangadzo Mphephu (who ruled under the name Dimbanyika). It is argued that she should have been next in line for the kingship but was overlooked because of gender discrimination. The second applicant is Mbulaheni Charles Mphephu, eldest son of the late Patrick Mphephu. He argues that, should Masindi not be considered for the kingship position, he would be next in line. They dispute the recommendation made by the Royal Family in August 2010 that the rightful incumbent is Toni Mphephu Ramabulana. During an interview on Saturday, Mbulaheni Mphephu (commonly known as Charles) emphasized that the fight for the kingship is not a personal one but rather to make sure that due processes are being followed and old traditions are honoured. He firmly believes that the young Masindi is the rightful heir to the crown and that the only reason she was not considered, is because she is a woman. The battle became official in December last year when papers were served on seven respondents, which include Toni Ramabulana, President Jacob Zuma (who had announced that Toni would be the new king), as well as the national
and provincial houses of traditional leaders. The president was that it must be Toni applicants ask the court to firstly set aside the Ramabulana. decision to appoint Toni Ramabulana as king and - Continues on p2 then to declare that the practice of only installing males as traditional leaders be declared unconstitutional. The respondents have indicated that they will contest the case and now have to file their opposing affidavits. Because of the volumes of the documents involved, the parties asked for more time to prepare their answering affidavits. According to Mr Johann Hammann (Sr), attorney for the two applicants, they (the applicants) also requested certain documents and these only became available in the past month. One of the important documents is the letter from the Mphephu Ramabulana royal council in which they make a recommendation to the office of the president. The meeting of the royal council held on 14 August 2010 is important for a variety of reasons. This meeting followed the announcement of the Nhlapo Commission that the kingship of the Vhavenda resides in the house of the Mphephu Ramabulana family. The Royal Family had to decide, based on certain criteria, who the incumbent should be. The recommendation to the
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The 21-year-old Masindi Clementine Mphephu next to her uncle, Charles Mbulaheni Mphephu.
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