Vhavenda princess' case is set to break traditional stereotypes

Date: 03 August 2024 By: Anton van Zyl

The daughters of kings or queens carry just as many royal genes as the sons, and one of the main contenders for the title of ruler of the Vhavenda, Princess Masindi Mphephu, may even carry more royal genes than her main rival, Toni Mphephu Ramabulana. These were some of the interesting arguments raised in the case currently being heard in the Limpopo High Court in Polokwane.

The case, which will hopefully give direction as to who the rightful ruler of the Vhavenda is, eventually made its way back to the Limpopo High Court, where it had started in December 2012. Masindi Clementine Mphephu, then only 21 years old, disputed former President Jacob Zuma’s decision to recognise Toni Mphephu Ramabulana as king of the Venda nation. Masindi claimed that she was the rightful heir to the throne but was overlooked because of her gender.

Masindi lost the first round of this protracted legal battle, and in December 2016, Judge President Ephraim Makgoba dismissed the case. He was not convinced that the applicants had exhausted all other avenues to resolve the conflict and believed that the issue of male primogeniture was central to the case.

Judge Makgoba’s ruling was taken on appeal, and on Friday, 12 April 2019, the Supreme Court of Appeal overturned it. They not only agreed with many of Masindi’s arguments but also provided guidelines to the Limpopo High Court on how the issue of customary law should be handled to ensure it aligns with the country’s constitution.

The case reached the Constitutional Court (ConCourt), which further strengthened Masindi’s arguments and stripped Toni Mphephu of his title as interim ruler. Both the Supreme Court of Appeal and the ConCourt felt that the Limpopo High Court must hear the arguments again, seek input from the House of Traditional Leaders, and make a ruling.

Two weeks ago, on Monday, 15 July, the first witnesses began testifying before the Judge President of the Limpopo High Court, Judge George Phathudi, assisted by Judge Gerrit Muller and Judge Thogomelani Tshidada.

The royal blood should be pure

A common misconception is that the royal genes are only carried by males. To dispel this myth, Masindi’s legal representatives called as their first witness a specialist in genetics, Dr Irma Ferreira. She is the head of the genetics unit at Ampath Laboratories. Dr Ferreira explained that in human genetics, both males and females contribute equally to their children's genetic makeup. As further children are born, each parent’s genes are “diluted.”

Masindi’s legal team also submitted a family tree to show how the royal bloodline flowed from Mphephu I (Makhado’s son), who ruled from 1895 to around 1925. He was succeeded by Mbulaheni George Mphephu Ramabulana (Mphephu II), who had four wives. The dzekiso or candle wife was Mushaathoni (or Mushathathani) from Malimuwa, who had three children: two daughters - Muofhe and Denga (Nthatheni Phophi) - and a son, Patrick Ramaano Mphephu. Mbulaheni George died in 1949 and was succeeded as king by Patrick Mphephu a year later.

Patrick Mphephu had no fewer than nine wives. The candle wife, tasked with producing an heir, was Masindi Mphephu. She gave birth to Tshimangadzo “Dimbanyika” Mphephu. When Patrick Mphephu died in April 1988, the customary leadership battle erupted, but in 1993, Dimbanyika was installed as the new king.

Dimbanyika Mphephu ruled from 1993 to 1997, when he was killed in a car accident. He had only one wife, Fhulufhelo, the daughter of Andries Ramese and Mulatedzi Anna Ramese. Fhulufhelo’s mother was the child of Muofhe Makwarela Mphephu, one of the daughters of Mbulaheni George Mphephu (Mphephu II).

When Masindi Clementine Mphephu was born on 12 April 1992, she carried the royal genes of both her father and mother.

“We don’t know her!”

One of the arguments raised by the Mphephu Royal Family in the affidavits filed at court was that they did not know Masindi, and her royal heritage was disputed. Much of the evidence led by Masindi’s legal team focused on proving that she was born from the right dzekiso house.

Ms Takalani Ramedzi, one of Masindi’s aunts, told the court that she had regularly visited Masindi’s mother, Fhulufhelo, at Pfamoni and had also seen her when she had spent her holidays at the royal palace. She testified about the rituals performed before Fhulufhelo’s marriage to Dimbanyika and witnessed the handing over of the lomalo. She also testified about the rituals performed to ensure that the new bride was a virgin.

The next witness, Ms Avhapfani Mphephu, requested to testify in camera. She is believed to have confirmed that Fhulufhelo was well known at the royal palace and that the rituals to pay for her as Dimbanyika’s bride were performed.

Masindi’s legal team relies on the research done by an associate professor at Univen, Pfarelo Eva Matshidze, to show that even if a child were born before a new ruler was inaugurated, that child was still eligible for succession. This is an issue raised by the royal family in their court documents, where they argue that Masindi is not eligible because she was born before Dimbanyika became king. Prof Matshidze is still to testify in the case.

Masindi was ousted after speaking out

Because of certain time constraints, Princess Masindi was called early in the trial and testified on Tuesday, 16 July. She spoke about her early childhood years, when she and her mother stayed at the royal palace. After her father’s death, they were instructed to move out and had to live in a rondavel. Toni Mphephu, who by then was appointed as the regent (acting king), continued paying Masindi’s school fees and even contributed to the cost of sending her to university.

When she filed court papers to oppose Toni in 2012, all payments and support stopped, Masindi told the court. Despite this setback, Masindi continued studying and completed two degrees. She then went on to study for her LLB degree (law degree), which she plans on completing this year.

When the judges questioned the necessity of calling Masindi as a witness, her legal team said they believed this was necessary, so that the court could know who the contender for the title was. They are also asking the court to rule that Masindi is the best candidate to be appointed as ruler, arguing that the royal family is compromised and cannot make such a decision.

The traditional laws must change

One expert witness who made quite an impression on the panel of judges was Dr Sindiso Mnisi Weeks. She is currently at the University of Massachusetts Amherst in the USA. Her area of expertise is customary law and how it interfaces with state law under the constitution, especially regarding women’s rights.

She testified about the need for customary law to be developed to ensure the full protection of the rights of all people living under traditional governance. Dr Mnisi Weeks told the court that in Venda, women were very seldom appointed to positions of authority. She said that even the position of makhadzi cannot be compared to that of a senior leader such as a king.

The necessity for traditional law to adapt to the country’s constitution was emphasised by the higher courts. Dr Mnisi Weeks stressed that if communities cannot or do not want to do this on their own, the courts have a responsibility to do it.

The arguments will continue

The case was set down for hearing arguments from 15 to 19 July, but that it would not be finalised in one week became apparent soon. On Thursday, 18 July, the case was postponed to the end of September. A provisional date for the continuation of the case was set from 30 September to 4 October.

The Mphephu royal family is then expected to call their witnesses to testify, among others, that the house of Dimbanyika had collapsed when he died. Because no legitimate successor was appointed, a successor must come from one of the children of Patrick Mphephu. This is where Toni Mphephu’s name is mentioned, because the royal family believes he should be next in line.

Toni is the son of Sarah Matamela Mphephu. He served as ndumi to Dimbanyika and acted as king from 1998 until the Constitutional Court stripped him of his powers.

Viewed: 7654

Anton van Zyl

Anton van Zyl has been with the Zoutpansberger and Limpopo Mirror since 1990. He graduated from the Rand Afrikaans University (now University of Johannesburg) and obtained a BA Communications degree. He is a founder member of the Association of Independent Publishers.

More photos...