The Mphepu-Ramabulana royal family has lost yet another bid to appeal the government’s decision not to recognise the acting Vhavenda acting King.
The royal family had applied for leave to appeal directly at the Constitutional Court against the Polokwane High Court judgment which found that it was immature to appoint an acting King.
The Royal Family has been in a long-term legal battle to have an acting King recognised since Toni Mphepu-Ramabulana, who was recognised as the King of the Venda nation by the family and president of the country, was dethroned.
Mphepu-Ramabulana’s ruling came to and end after the Supreme Court of Appeal (SCA) found that his identification and recognition as a King was unlawful, unconstitutional, and invalid.
Government intervention
The MEC and Minister of Cooperative Governance, Human Settlements and Traditional Affairs had visited the family. The visit was to inform them that the department would withdraw its benefits to the King. This was in respect of the ruling. The family then identified and recognised Mavhungo David Mphepu as the acting King. The minister was third and fourth respondents in the matter.
A legal battle to have him recognised by Limpopo Premier Stan Mathabathe has since been brewing.
“The family sought an order declaring the failure to take a decision as unconstitutional, unlawful and invalid. Also that it be replaced with a decision recognising Mr Mavhungu David Mphepu as the acting King,” reads the judgement.
This bid was collectively opposed by the Premier, the minister, and the MEC.
At the Constitutional Court, the Royal Family argued that there was a vacuum in their traditional leadership. This needed immediate attention. Also that the Royal Family has been halted from practicing their culture amongst others.
Leadership vacuum
“None of these reasons justify us bypassing the lower courts in this case. The contention that the SCA has already made a pronouncement and can therefore not be approached in respect of its own order, is unfounded,” reads the court document.
The ConCourt further refused to grant leave to appeal directly to it. It also advised that the Royal Family may revisit the high court for leave to appeal.
“I emphasise that this matter should be resolved promptly and must be taken seriously by all parties involved.
“The lacuna that has existed in the leadership of the Vhavenda community since February 2022 is deeply troubling. It requires speedy revolution,” reads the judgement.
