The Venda royal family has dismissed a submission to the court declaring Toni Mphephu-Ramabulana ineligible for the VhaVenda kingship in line with their customs as nothing but “just a report and not actual judgment”. PolokoTau
The report was compiled by the National House of Traditional Leaders and the Limpopo House of Traditional Leaders for consideration by the Limpopo High Court as ordered by the Supreme Court of Appeal in April. The submission takes Mphephu-Ramabulana out of contention for the next monarch of the Venda kingdom. However, it sets Princess Masindi Mphephu as the rightful heir to the throne and not her uncle.
It also set aside the royal council’s 2010 decision to “identify [Mphephu-Ramabulana] as a suitable person to be appointed as the king of the VhaVenda traditional community”, and declared a 2012 decision by Zuma to recognise him as “unconstitutional and invalid”. Second, the questions that should be resolved include whether a child born before the parent is recognised as a traditional leader qualifies to be the successor and whether the in the VhaVenda custom the indumi qualifies to be identified and recognised as a successor to a position of traditional leadership.
In their opinion, the two houses of traditional leaders argue that the “basic rule that cannot be overlooked in the custom of VhaVenda is that the successor must be born from a dzekiso wife”.
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