Court halts installation and elevation of traditional leaders

The installation and elevation of traditional leaders by the leader of the Tshivhase dynasty, Thovhele Midiyavhathu Tshivhase, was dealt a hammer blow this week when the Limpopo High Court in Thohoyandou ruled these acts as unlawful.

The court ruled in favour of the Makanga and the Mafunzwaini royal family, together with two headmen, Muthuhathonwi Edison Nemakanga and Edzisani Phineas Mafunzwaini. They had approached the court and successfully obtained an interim interdict to stop the installation of two new chiefs in their area.

The order restrains Tshivhase from installing and elevating traditional leaders and renders such installations as being of no effect. Whichever such installations and elevations he has done are nullified, and further installations will be regarded as acts of contempt of court.

In their affidavits filed in court, the parties argued that Thovhele Tshivhase was continuing with plans to elevate two headmen, Jerry Tshivhase and Gumani Samson Ramulongo, to the status of Thovhele.

An application for an urgent interim interdict was granted in the Thohoyandou High Court in December 2012, stopping Thovhele Kennedy Tshivhase from installing two new chiefs in the Phiphidi and Ramulongo villages.

In respect of the Ngovhela application, Headmen Tshinanne Ralson Sikhwivhilu and Levison Ratshikhopha are the applicants and Thovhele Kennedy Tshivhase, Balanganani Albert Sikhwivhilu and Enoch Nephalela, chairpersons of the Tshivhase Royal Council and the Tshivhase Traditional Council, have been cited as respondents.

In the case of the Phiphidi and Tshikunda application, Headmen Muthuhathonwi Edison Nemakanga and Phineas Mafunzwaini are the applicants, while Thovhele Kennedy Tshivhase, Jerry Tshivhase, Headman Gumani Ramulongo, the Tshivhase royal council chairperson and the Tshivhase royal traditional council chairperson, are the respondents.

Date:02 December 2013

By: Elmon Tshikhudo

Elmon Tshikhudo started off as a photographer. He developed an interest in writing and started submitting articles to local as well as national publications. He became part of the Limpopo Mirror family in 2005 and was a permanent part of the news team until 2019.

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