The new public protector says she will leave the dispute over the state capture report prepared by h.
A colourful retinue of women accompanied Tinyiko Shilubana down the steps of the Constitutional Court after judgment was reserved in her battle to be restored as chief of the Valoyi tribe in Limpopo.
Earlier yesterday, the court heard that Sidwell Nwamitwa believed that he should be hosi (chief) of the tribe because of a customary law that was in place when he was born.
He did not base his claim on gender, but on custom that was in place when his uncle Hosi Fofoza died in 1968, Nwamitwa's counsel McCaps Motimele argued.
Shilubana was excluded from being hosi because when her father died, only a man could take his place. So, the position went to his brother, Richard. When Richard died, Nwamitwa was expected to take over.
In line with the Constitution, going forward, Nwamitwa's children, regardless of their gender, would inherit the chieftaincy.
If the gender question were to be applied retrospectively, it would also affect Fofoza's sister, who was also not allowed to be hosi at the time that he was appointed.
Earlier, the court heard that the tribe had decided to return chieftaincy to the Fofoza house in line with constitutional principles of equality, and so Shilubana should be chief. - Sapa