The battle for the Madzivhandila chieftainship, which has been going since the death of Chief Andries Mavhungu Madzivhandila, has taken another turn.

The real-life drama, which has seen members of the family hauling each other before the courts, is between Elvis Madzivhandila and Chief Thikhathali Madzivhandila, who took over the late chief Andries Mavhungu Madzivhandila's throne. Elvis Madzivhandila has filed papers with the Limpopo High Court in Thohoyandou in which he disputes the paternity of Thikhathali Madzivhandila, alleging that he is not the biological child of the late Andries Madzivhandila. He argues that Thikhathali was born out of an adulterous affair by his mother and a certain principal, which makes him unfit to lead the clan.

If Elvis Madzivhandila has his way and is granted permission by the courts, the late Chief Madzivhandila's remains are to be exhumed for DNA testing.

In the court papers, Elvis contends that the royal council illegally deprived his brother, Bukuta Madzivhandila, of the right to ascend his father's throne. "This matter has been going for a long time, with no resolve in sight. The family has failed to resolve the issue internally; thus we hope that scientific testing will free both parties once and for all. We suspect that we are talking to the wrong people, who are not part of the royal family, and through DNA testing we are going to prove that Thikhathali is not the biological child of Chief Madzivhandila," said Elvis Madzivhandila.

He said they were going to force Thikhathali to do a DNA test. Should he refuse, it will imply that he is not the biological child of the late Chief Andries Madzivhandila, they argue. "They know that the truth will come out at long last,” added Elvis Madzivhandila.

The royal council, which has been named as a respondent, has made it clear that it will oppose the application. "We have already filed opposing papers at the court and we will never allow our late chief to be degraded in this manner. Never in the history has it happened that the bones of a chief have had to be exhumed to determine the paternity of his children. This is a disgrace not only to the Madzivhandila family, but to the whole Vhavenda and African nation," said Chief Tshifovhedze Madzivhandila of the Madzivhandila Royal Council.

He said the applicant was a sore loser who, when his preferred candidate for chieftainship was not considered, resorted to sinister methods to further his own agenda. "This man has a problem. The whole family is against the exhumation. They will stand by us and we know it will not happen," said Tshifovhedze.

Madzivhandila passed away in July 2010 and Thikhathali Madzivhandila ascended the throne as per tradition and custom in the family.

Chieftainship battles are age-old phenomena in the Vhavenda nation. The most prominent battle has been the Vhavenda kingship battle in which the Vhangona, Mphaphulis and Tshivhases were disputing the ascendency of Khosikhulu Toni Mphephu as king of the Vhavenda. The matter went to the courts and they ruled in favour of Toni Mphephu, but the Tshivhase clan still lodged an appeal against the judgement.