Fight for kingship of the Venda intensifies

Toni Mphephu Ramabulana of the Vhavenda
Toni Mphephu Ramabulana of the Vhavenda

Masindi Mphephu's application for the Venda kingship has been dismissed by the Limpopo High Court's local division in Thohoyandou

The Limpopo woman is fighting for recognition as the head of the Venda people wants a long- standing customary rule favouring male heirs declared unconstitutional.

The 24-year-old royal is the first applicant in the case challenging the legitimacy of her uncle King Toni Mphephu's hold to the throne following a 2012 decision by President Jacob Zuma to recognise him as king.

The High Court has dismissed the case with the judge saying he will present reasons for the dismissal next year.

This means that Toni Mphemphu Ramabulana remains the King.

It is understoon Masindi Mphephu's legal team has intention to appeal the dismissal.

Yesterday, proceedings regarding Masindi Mphephu's claim to the Venda kingship commenced at the Limpopo High Court's local division in Thohoyandou.

Masindi is the child of the late King Dimbanyika Tshimangadzo Mphephu, who was killed in a car crash in 1997. Her father and Toni are both the sons of the late Chief Patrick Mphephu, the first president of the bantustan of Venda, which was granted independence from SA on September 13 1979.

Yesterday, the public gallery was packed to capacity with members of the royal family and senior traditional leaders, while some women adorned in traditional gear could be seen sitting outside the court building.

Arguing on behalf of his client, lawyer Alan Dodson said the rule of male primogeniture should be declared unconstitutional on the basis that it unfairly discriminates against the rights of women.

Dodson attempted to show the court that Masindi was deliberately overlooked by the royal council when they selected a successor because she is a woman.

He said the case would be of great importance to women in South Africa, warning that failure to declare the rule invalid would slow down gender equality.

"Women in South Africa are confronted by the rule everyday of their lives," he said.

However, presiding Limpopo Judge President Ephraim Makgoba wanted clarity on why the issue of male primogeniture was included in the case while pointing out that the Venda people did not seem to have a problem with women assuming senior roles.

Dodson cited answering affidavits and minutes from a royal council meeting in which a member of the royal council, David Mphephu, stated that a woman could not be considered for the role. Earlier, Makgoba had questioned why the applicants were approaching the court.

He said it seemed as if they had failed to exhaust other avenues including the Commission on Traditional Leadership Disputes and Claims to resolve the matter.

Dodson, who was at pains to demonstrate that the court had jurisdiction to hear the matter, explained that by the time the dispute started, the commission had already closed on August 1 2010.

"The closure of the commission's door opened the doors of this court," he said.

Arguments made by the royal family in court papers include that Masindi is not eligible as no lobola was paid for her mother and she was born three years before her father was made king, among other things.

The case continues today.

 

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