The battle for the soul of the Vha-Venda traditional leadership took a dramatic turn this week when a cultural expert and custodian of the Vha-Venda royal house faced off in the Limpopo High Court sitting in Polokwane.
Several witnesses and lawyers have delved much on this protracted legal battle which promises to drag for far too long.
The Vha-Venda Kingship dispute resumed on Monday until Friday. It resumed before Judge President of the Limpopo High Court, Judge George Phatudi, Judge Geriet Muller and Judge Caution Tshidada.
The throne became vacant after Princess Masindi Mphephu-Ramabulana successfully challenged her uncle. She challenged Toni Mphephu-Ramabulana in the Constitutional Court.
Longstanding feud
The fierce battle for the coveted throne has been fought for many years. This while internal ructions in the royal house and traditional council simmered tensions. Still with no glimmer of hope for the ultimate ruler.
In 2016, Masindi stopped Toni’s coronation ceremony after receiving a court interdict.
Toni was stripped of his kingship by the Supreme Court of Appeal. This was in a judgment which ordered the withdrawal of his recognition certificate five years ago.
When the proceedings resumed in Polokwane this week, anthropologist, Professor Pfarelo Eva Matshidza, took to the stand. She was cross-examined by advocate Allen Dodson representing, Masindi.
The debate this week focused largely on the identification of a candle wife who must bear the next heir to the throne.
This is the likely route the Royal House will pursue.
Candle wife to birth heir to the throne
Known in Tshivenda language as “Mufumakazi wa tsekiso” if she is chosen by the eldest aunt, khadzi. She cannot refuse who she should be married to among the elders from the royal house.
Matshidza insisted that Vha-Venda Royal House needs to recognise Masindi as their queen. If not, a decision should be taken to marry a candle wife who will bear an heir to the throne.
She said: “Should this dispute deadlock, members of the royal house will have to put their differences aside. They must settle this matter amicably. It will be the responsibility of Makhadzi, the senior aunt, to look into the families they use engage in the inter-marriages. And then choose among their girls. Later on, they should choose from the senior house in the royal family who should sire the next traditional leader.
“That candle wife should also come from a royal family which they are related to. They know among themselves who qualifies to marry the candle wife.
Expert testimony
“Once the candle wife is identified, she should be taken to her maternal grandparents to save her from being killed by jealous people in the royal house.”
Matshidza told the court that her testimony was based on her university thesis. This includes archival research and references from other anthropology writers.
However, Toni’s lawyer, advocate Shoni Ravele, argued that Matshidza’s evidence lacks substance. She did not reveal her sources within the royal family, Ravele argued.
Ravele said: “I want to put it to you that there is nowhere where you said your informant came from in the Mphephu-Ramabulana kingship. You are not stating adequately who furnished you with this information. I also want to put it to you that these thesis have no informants from Mphephu Ramabulana royal family.”
Meanwhile, former Vha-Venda acting King, David “Japan” Mphephu, disputed claims that Toni was a regent.
He refuted an affidavit made by Charles Mphephu saying that Toni was appointed as a regent, not as king.
Niece, uncle relations destroyed by court case
David said: “We sat down as the royal family and decided to appoint Toni as our king. His inauguration was attended by well-known dignitaries. These include the late former state President Nelson Mandela. He even presided over important ceremonies in the Modjadji Royal House with whom we are related.”
David told the court that he and his niece, Masindi, are at loggerheads. And the dispute has been going on for quite some time.
He said: “It is true that Masindi and I are fighting. In fact, we are not on speaking terms and this has been going on for years. It has been a while since we sat down together in a cordial space and have a chat. This squabble started the moment this dispute over the kingship surfaced.”
David insisted that should Masindi pass on, she will never be buried at the royal cemetery. This is where previous kings and her ancestors were laid to rest.
The case has been adjourned until early next year.
