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News - Date: 06 May 2013
If the recent order granted by the Limpopo High Court in Thohoyandou to the Nemavhola Royal Family of Tshipako is anything to go by, the marathon installation of chiefs by Mailausumbwa Kennedy Tshivhase has reached a dead end.
The Nemavhola Royal Family succeeded and the court ordered that the recent installation of two chiefs, Wilson Khukhuna Nemavhola and Nthatheni Joseph Tshikovhi, is null and void and has no legal effect.
The court also ordered that Mailausumbwa Kennedy Tshivhase must not appoint any person as a traditional leader of Tshipako without the knowledge and consent of the Nemavhola Royal Family and/or in accordance with the Limpopo Traditional Leadership and Institution Act.
The court also ordered that Wilson Khukhuna Nemavhola and Nthatheni Joseph Tshikovhi stop performing any duties or proclaiming themselves as chiefs of Tshipako village. The respondents were also ordered to bear the costs of the application.
The latest development could set a precedent that many chiefs whose areas were given to other chiefs could follow. Mailausumbwa Kennedy Tshivhase has installed many chiefs and promoted ordinary chiefs to positions of deputy-Thovhele and Thovhele since last year.
The move has been widely criticised and received condemnation from the House of Traditional Leaders and in government circles. In some instances, installations were disrupted and the new chiefs could not be installed, while in some instances they were interdicted, and some chiefs were allegedly installed under the cover of darkness.
The Tshivhase Royal Family has expressed concern over the recent developments in the area.
A letter has been written to the premier of Limpopo, the premier’s office Limpopo, the MEC (COGHSTA) in Limpopo Province, the Limpopo provincial house of traditional leaders and the Tshivhase traditional council chairperson. Leslie Tshivhase, the interim chairperson of the royal family, said that despite circulars from the premier’s office and visits by the provincial house of traditional leaders to discourage Thovhele Tshivhase from appointing traditional leaders contrary to legislation, he had continued doing so.
He is said to have appointed a new traditional leader in the area under headman Makumbane of Tshisahulu on 27 April. Makumbane is said to have complained about the development to the Tshivhase royal family, who told him that Tshivhase’s problems were being handled by the premier.
“To our utter disappointment and dismay, however, we received information on Saturday that Thovhele Tshivhase was going about boasting that the premier had paid him a visit on 13 April and that the premier authorised him to continue appointing traditional leaders, as long as he submitted a draft document of his new programme to the premier’s office.
He is also alleged to have mentioned that the premier came with a gift in the amount of R10 000,” said Leslie Tshivhase.
Leslie said if it was indeed so that the premier had found any justification for Thovhele Tshivhase’s actions, they were bringing it to his attention that the Limpopo High Court has ruled in the case of headman Nemavhola of Tshipako that such appointments are null and void and of no legal consequence.
He said they had attached a copy of the judgment for his attention. “In the circumstances and as prevailing indicators suggest that the premier sympathises with Thovhele Tshivhase, we are hereby calling upon the premier to respond to our submissions within seven days. If he fails to do so, we shall request all concerned headmen to organise their communities for a march to the premier’s office to demand a response. If we still do not get a response, we shall take the matter to court,” reads the letter.
Meanwhile, the Mafunzwaini and the Nemakanga royal families have interdicted Chief Jerry Tshivhase and Chief Ramulongo, while the Sikhwivhilu and Ratshikhopha royal families have interdicted Enoch Nephalela and Balanganani Sikhwivhilu.
The two cases are to be heard at the Limpopo High Court in Thohoyandou on 27 May 2013.
The outcome of these cases might set a precedent whereby other aggrieved traditional leaders could follow the same legal route.
Elmon Tshikhudo started off as a photographer. He developed an interest in writing and started submitting articles to local as well as national publications. He became part of the Limpopo Mirror family in 2005 and was a permanent part of the news team until 2019. He currently writes on a freelance basis, covering human rights issues, court news and entertainment.
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