Court dismisses bid to install Venda regent king

By Zoe Mahopo

The Venda royal family has been dealt a blow after the courts denied them the right to appoint an acting king, while legal processes to select the official ruler unfolds.  

The royal family failed to convince the Limpopo High Court in Thohoyandou to have David Mavhungu Mphephu, popularly known as Vho-Japan, appointed as regent.

The royal family wanted the court to declare that premier Stan Mathabatha’s failure to recognise Vho-Japan as regent was unconstitutional, while arguing that not having a leader was jeopardising the monarchy.

But the court dismissed the application on Tuesday, saying it would be unlawful to appoint someone on the throne while the review was still pending. Judge Phatudi also made reference to the previous Constitutional Court judgment which declared that no one should ascend the throne until the pending review process has been concluded.

Dismissing the application, Phatudi stated: “The determination of identification and recognition of a person, even in acting capacity, as a king or queen of the VhaVenda community prior to the finalisation of issues in the review application may result in my view as an exercise of futility.”  

The Venda nation has not had a king since Toni Mphephu Ramabulana was unseated through a Constitutional Court judgment in November 2021.  

In March 2022, the royal family boldly announced Vho-Japan as regent but this was not endorsed by government, resulting in a leadership vacuum. 

This had major implications on the monarchy, including the halting of state salaries for royal staff members.  

The Limpopo department of cooperative governance, human settlements and traditional affairs previously told Sowetan it would be illegal to pay royal staff in the absence of a recognised king or queen.

Royal family spokesperson Ntsieni Ramabulana said they were disappointed with the outcome of the case, adding that they were consulting with their lawyers to decide on the next steps. .

“We are of the view that the judge's interpretation of the Constitutional Court ruling is flawed, making this ruling rather unfortunate,” Ramabulana said.  

Masindi Mphephu, who is likely to become queen after the review is concluded, opposed the latest legal bid by her family to appoint Vho-Japan as a temporary king. She was listed among the respondents in the case.

Masindi's legal adviser Ntsie Ntsieleni said they welcomed the judgment as it would add strength to their case in the ongoing review process.

Ntsieleni said appointing Vho-Japan as regent would have encouraged the royal family to continue playing delaying tactics to prevent her from becoming queen.

Ntsieleni said they would push for the review case to be placed on the roll as soon as courts reopen for 2023 as it had dragged on for too long. He said Masindi was just as disadvantaged by the costly legal battles as she is a now unemployed while focusing on her studies.

Ntsieleni said Masindi was looking forward to taking over as queen.

mahopoz@sowetan.co.za