News - Date: 13 June 2008
In what has been hailed by many as a landmark victory for women, a Limpopo woman made history by becoming the first woman in her tribe to be recognized by the highest court of the country as chief in a male-dominated succession line.
Ms Tinyiko Nwamitwa-Shilubane (66), who also serves as an MP, has been fighting running court battles against her cousin, Sidwell Nwamitwa, who interdicted her ascendancy soon after the death of her father in 2001. Her father, Chief Fofoza Nwamitwa, died in 1968, leaving no heir to succeed him as the laws of the tribe did not allow a female to succeed in chieftainship. His brother, Richard, took over the throne. Problems started after the death of Richard in 2001, and his son, Sidwell, wanted to succeed him.
Phillia, who is the eldest daughter of the late Chief Fofoza, made a quest for chieftainship and was met with strong opposition from Xitsonga traditionalists. A representative from the Xitsonga traditional leadership testified in court that it was taboo for a woman to be a chief. He said in the case of Phillia Shilubane, she was married to the Shilubane clan and if she were made Hosi, succession would be difficult because her children are Shilubane and not Nwamitwa.
The Congress of Traditional Leaders of SA also opposed such a precedent.
The High Court, as well as the Supreme Court of Appeal, ruled in Sydwell’s favour. Now, the Constitutional Court has set the cat amongst the pigeons.
Oozing confidence after the victory, Shilubane urged the community not to look down on women. "We are not less equal than others and we can even do better than our male counterparts and it is just a matter of time before we prove this to the world," she said. Shilubane said she will wait for a direction from her elders as to whether she will be recalled from parliament to be with her people full time, or whether they allow her to finish her term.
"I am very excited about the outcome of the case. I always knew that I would emerge victorious and put women where they belong," she said.