The Constitutional Court has ordered that the dispute between the Rambuda and Tshibvumo royal families be remitted to the Limpopo premier.
The court further directs that the Premier should refer the matter to the Limpopo house of traditional leaders and the relevant local house of traditional leaders for their recommendations.
The two royal families are at loggerheads over the rightful headman of Tshibvumo Village in Vhembe District, Limpopo.
Battle to replace deceased headwoman
The dispute comes after Nthambeleni Tshibvumo Singo, who served as the headwoman of the village since 1982, passed away in December 2014.
The two families identified two successors from both families.
According to the document, the Rambuda Royal Family is the senior traditional leader, while the Tshibvumo Royal Family is the headmanship or headwomanship. However, both are under the Rambuda Traditional Council.
The two candidates were Chief Avhatedi Ratshibvumo Rambuda, senior leader and tradition leader of the Rambuda Traditional Community and Mbulaheni Lucas Mavhungu, son of the former headswoman.
“When the Tshibvumo Royal Family selected Mr. Mavhungu as successor, the resolution was communicated to the Rambuda Traditional Council on February 19, 2016.
chief refuses to acknowledge a royal family
“Chief Avhatendi refused to acknowledge the identification made by the Tshibvumo Royal Family and instead made an application to the Premier for the recognition of Mr. Rambuda as the former headwoman’s successor, giving rise to a dispute between the two families,” reads the statement.
The Tshivhumo Royal Family followed the refusal with an urgent application that would grant them power to identify a headman and interdicted the Premier from recognising Rambuda as the successor.
In March 2016, the court ordered that the application be referred to the Premier and in a case where he would recognise Rambuda as headman, the Tshibvumo family could head back to court.
“More than two years later, in May 2018, the Tshibvumo Royal Family received a letter from the MEC stating that the premier had recognised Mr. Rambuda as the headman of Tshibvumo Village with effect from March 9, 2018.
Stopping financial benefits
“Aggrieved by the premier’s decision, the Tshibvumo Royal Family brought a second urgent application seeking an order to interdict the premier’s decision to recognise Mr Rambuda as headman and that his salary and allowances be stopped, pending finalisation of the review application,” reads the document.
The court further ordered that the installation ceremony be put on hold pending the review application.
The premier did not engage in the review proceedings and the MEC further recommended that Rambuda be recognised as the headman of the village.
The high court set aside the premier’s decision to recognise Rambuda as headman, citing that he failed to act in accordance with Section 12(2) of the Limpopo Traditional Leadership Act.
“This court has found that the premier ought to have acted and must act in terms of Section 12(2)(a) of the Limpopo Traditional Leadership Act. Directions upon remittal are also necessary to address the gender discrimination that manifested itself in the decision-making of the first, second and fourth applicants.
“This constitutes just and equitable relief in terms of Section 8(1), read with Section 8(1)(c)(i) of PAJA. The appeal should therefore be upheld only to the extent necessary to address the problems in the remittal order,” reads the court document.
