ConCourt resolves traditional leader battle
A lengthy legal battle concerning the traditional leadership of Tshibvumo village in Limpopo between the Rambuda and Tshibvumo royal families has ended after the Constitutional Court ruled that the authority to choose the head rests with the Rambuda family.
A Business Day report says the apex court criticised Stan Mathabatha – who was Premier of Limpopo at the time – for not exercising his discretion when he recognised Donald Rambuda as the head.
It outlined the steps expected from Premiers when dealing with traditional appointments.
The judgment will become a central part of SA courts’ growing jurisprudence on customary law, which the Constitution recognises but which must be aligned with the Bill of Rights.
The previous head of Tshibvumo village, Nthambeleni Tshibvumo Singo, died in 2014.
Two successors were identified: Singo’s son, Lucas Mavhungu of the Tshibvumo royal family; and Donald Rambuda of the Rambuda royal family.
The Business Day report notes the senior traditional leader of the community, Chief Avhatendi Rambuda, rejected Mavhungu and applied to Mathabatha for the recognition of Rambuda.
From 2016, to prevent this from proceeding, the Tshibvumo family instituted an urgent High Court application to be legally recognised as the authority to identify Singo’s successor.
In 2018, the Premier nevertheless selected Rambuda, leading to further litigation. The Tshibvumo family then returned to court to review the Premier’s decision. The High Court made adverse findings against the Premier for not helping to resolve the dispute before making a decision.
Despite this, the High Court ordered that the matter return to the premier. The Tshibvumo family then appealed to the Constitutional Court.
The apex court ruled yesterday that the authority ‘rests exclusively with the Rambuda royal family’, as they had long ruled the Tshibvumo village and met the legal requirements.
The Business Day report says writing for a unanimous decision, Constitutional Court Justice Rammaka Mathopo said ‘there can only be one royal family per traditional community’.
Pointing to the history of the Rambudas, Mathopo wrote: ‘They have ruled over the Tshibvumo village for many generations and meet the statutory definition of a royal family as set out in section one of the Limpopo Traditional Leadership Act.’ Mathopo also criticised Premier Mathabatha for his conduct at the time.
The Premier ‘must satisfy himself that there is evidence or an allegation ... of noncompliance with customary law in the identification of a person before referring the dispute to the relevant bodies. It is clear that the Premier did not.’
The Premier merely rubberstamped Rambuda’s nomination and did not take note of the dispute, nor did he refer it to the relevant traditional houses to resolve.
The court noted that in future no Premier could do this and should apply their mind to the issues appropriately to avoid disputes.
Article disclaimer: While we have made every effort to ensure the accuracy of this article, it is not intended to provide final legal advice as facts and situations will differ from case to case, and therefore specific legal advice should be sought with a lawyer.
