Concourt: Vhavenda kingship lies in the hands of the royal council
Battle has been on for nine years
As kingships go, Khosikhulu Toni Ramabulana Mphephu has been a study in pivoting. The Constitutional Court on Friday dismissed his application for leave to appeal against a judgment which set aside the decision to appoint him as king of the Vhavenda Traditional Council.
On November 12, the ConCourt ruled on the dispute over the Vhavenda throne, handing the matter back to the Vha-venda royal council. Friday’s ruling was the high point of a legal battle that has been going on for close to nine years.
More and more people, however, are saying that the legal dispute over the VhaVenda kingship has nothing to do with the legitimacy of the sitting king and his niece, Princess Masindi Mphephu Ramabulana.
“What is clear is that long-standing customs of Vhavenda people are on trial. Princess Masindi is the fuel that is used to delegitimise the sitting King Khosikhulu Ramabulana Mphephu. That is neither here nor there,” said Ndivhuho Rambau, an attorney and avid Venda scholar.
“There’s an argument whether Masindi is a worthy candidate for Vhavenda kingship. Her camp has argued that she was prevented from ascending the throne because of her gender. Personally, I don’t think the issue has anything to do with gender.”
News of the latest development in the legal battle came on Friday, spawning a myriad of reactions from different quarters. The Concourt judgment indicates that the future of Vhavenda kingship depends on the royal council.
The consequence of Friday’s judgment is that King Toni Mphephu Ramabulana’s application for leave to appeal was denied.
According to Princess Masindi Mphephu’s lawyer, Johann Hammann, the consequence of this order is that Toni Ramabulana Mphephu is “no longer acknowledged as the king of the Vhavenda people as the new king or queen will only be appointed after the finalisation of the review application”.
Meanwhile, Lufuno Ramabulana Mphephu, who speaks for Princess Masindi Mphephu, has been singing the praises of the Concourt judgment.
“We welcome the Concourt judgment as it has vindicated what we’ve always believed. We also commend them for conducting themselves in a manner that’s sensitive to the Vhavenda culture.
“The Concourt has rectified the obvious: the idea of having a regent as a king,” he said.
As expected, the king’s detractors were quick to get up on their soap boxes about the issue.
“It’s a real bummer that things have been dragging on for years. Vhavenda people deserve a king. All we have is a regent. Toni Ramabulana Mphephu is a regent who has let us down,” said Victor Muthego, a well-known detractor of the sitting Vhavenda king.
“Toni Ramabulana Mphephu’s involvement in the VBS saga is well-documented. I won’t get into the merits of the rightful king, but it is clear that the Vhavenda people deserve a king. “Whether Masindi is the rightful heir to the throne, that’s a matter for the royal council and the courts,” he said.
Princess Masindi is the daughter of the late Vhavenda King Tshimangadzo Dimbanyika Mphephu Ramabulana, who died in a car accident in 1997.
Toni Ramabulana Mphephu was ndumi (adviser) of the late Dimbanyika, who was appointed regent after the death of the king. The Vhavenda royal tradition does not allow the king’s advisers (ndumi) to ascend the throne.
This was done to prevent ambitious ndumis from assassinating incumbents in order to take over the throne.
At the time, he received kudos from various quarters, including former president Nelson Mandela, who spoke at the occasion.
The royal council also took a decision in 2010 to install Toni Ramabulana as the king pending formal recognition by the government.
Former president Jacob Zuma recognised Toni as the king, a decision that prompted Masindi to approach the Limpopo High Court for the decision to be set aside. In a sudden turn of events in 2016, she also approached the high court in Thohoyandou to interdict the coronation ceremony. The court granted the interdict.