The Constitutional Court dismissed an application for leave to appeal by Toni Peter Mphephu Ramabulana against a judgment which set aside the decision to appoint him as king of the Vhavenda Traditional Council.
Khosikhulu Toni Mphephu Ramabulana. File photo.The Constitutional Court on Friday dismissed an application for leave to appeal by Toni Peter Mphephu Ramabulana against a judgment which set aside the decision to appoint him as king of the Vhavenda Traditional Council.Instead, the court ruled in favour of Masindi Clementine Mphephu, a princess of the VhaVenda royal family, who had launched a cross-appeal against the decision of the Supreme Court of Appeal in 2019.
She sought to have the decision to identify and recognise Mphephu Ramabulana as VhaVenda king in 2012 reviewed and set aside. She also sought an order declaring that, in terms of customary law, she is the sole queen of VhaVenḓa or, alternatively, that her uncle, Mbulaheni Mphephu, was the sole king. The SCA in 2019 ruled in favour of Mphephu on the preliminary points she had raised, and did not decide on the review application.
Mphephu Ramabulana launched his application for leave to appeal before the Constitutional Court 15 months out of time. Khampepe said entertaining Mphephu Ramabulana at this stage, when the review application is due to be finalised in the high court, would be highly prejudicial to the finalisation of the dispute between the parties.
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