Kingship battle hits yet another snag

By Elmon Tshikhudo and Anton van Zyl

The appointment of Mavhungu David Mphephu (better known as Vho-Japan) as acting king of the Vhavenda may not proceed as smoothly as some might wish. One of the main contenders for the kingship position, princess Masindi Mphephu, has written to the premier of the province and objected against this appointment. One of the reasons put forward is that David Mphephu is not a “suitable” candidate because he has, among other things, lied under oath.

At the end of February this year, the Ramabulana royal family announced that Vho-Japan was elected during a meeting to serve as acting leader of the Vhavenda. “He is the most suitable candidate in the family, taking into consideration his age and his experience in traditional governance. He has been around for some time, and we have no doubt he will lead this nation and family with distinction, until such time the court case is finalised,” the family representative said.

The case that is being referred to is the long-standing court battle between Masindi Mphephu and Toni Mphephu Ramabulana. The Supreme Court of Appeal (SCA) referred the matter back to the High Court (HC). An attempt by Toni Mphephu Ramabulana to get the Constitutional Court (CC) to overturn the SCA’s ruling failed last year.

The appointment of an acting king must be ratified by the Premier, a process that has seemingly not been finalised yet. Last week, Masindi’s legal representatives wrote a letter to the Premier in which they dispute the legality and wisdom of making such an appointment.

“He is not a suitable candidate”

In the letter to the Premier, Masindi’s lawyers argue that history has shown that Vho-Japan is not a suitable candidate to be appointed in such a position as required by the relevant legislation. One of the complaints is that, during the family meeting on 14 August 2010, he had been very outspoken against the appointment of a woman as ruler, stating that such a position could only be occupied by a male. During this meeting, Toni was elected as candidate for the position of king.

The central focusing point of Masindi’s objection, however, concerns sworn affidavits made by Vho-Japan in support of Toni’s court case to be appointed as king of the Vhavenda. Masindi’s lawyers argue that he had committed perjury and should not be considered for the appointment.

In August 2020, Vho-Japan filed an opposing affidavit, in reply to an affidavit filed by Masindi in July that year. One of the issues raised in the case was Toni’s involvement in the VBS Mutual Bank scandal. At the time, he was mentioned as a person of interest in the Motau report that alleged that around R17 million had found its way to Toni Mphephu. Vho-Japan, in his affidavit, denied that Toni was a suspect and that he was being investigated.

“The Royal family can confirm that the First Applicant [Toni Mphephu] is not a suspect in any investigations or at risk of being arrested for the crimes committed against VBS. His representations in this regard were found satisfactory by the South African Reserve Bank and the relevant law enforcement officials,” the statement reads.

Masindi’s lawyers filed papers in the CC proving that this is not true, and that Toni had not been “cleared” by any of the institutions mentioned. Letters were attached from the SA Reserve Bank, denying that it had made any such findings. The National Prosecuting Authority also responded, stating that: “At this stage, Mr Toni Mphephu is not excluded as a suspect in the greater VBS investigation. The investigation is ongoing, and we are not in a position to pre-empt our decision at this stage...”

In the letter to the Premier, Masindi’s lawyers also express their concern about the processes followed when the royal family elected a candidate to act as ruler. They believe that the meeting was not legally constituted and included chiefs who are not members of the royal family.

“Stop spreading lies!”

The spokesperson for the royal family, Mr Ntsieni Ramabulana, denied the allegations that Vho-Japan is not a suitable candidate.

“Those who object to the decision of the Ramabulana Royal Council must go and interdict the process at a court of law and stop spreading lies and pushing their evil agendas in the media,” he said.

As far as the allegations of lying under oath are concerned, Ramabulana said that no such charges were laid. “Lying under oath is a criminal offence (perjury). The offence carries a jail term. Mr David ‘Japan’ Mphephu has never been charged by a court of law for perjury,” he said.

Ramabulana said that the meeting to elect a candidate to serve as acting ruler of the Vhavenda had been done properly and “only the proper members were in attendance”. He said that the documentation was available to prove that the meeting had been properly constituted.

“The lie that is being constantly spread that the Ramabulana royal family does not recognise women is both tired and a desperate attempt by those willing to do anything to win at all costs. The chairperson of the council that elected Mr David Mphephu is a woman,” he added.

The spokesperson for the Limpopo Department of Cooperative Governance, Human Settlements and Traditional Affairs (CoGHSTA), Mr Hitekani Magwedze, said that his department has no knowledge of the latest developments.

Date:22 April 2022

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