Who is the Chief of Kutama?

The fight to decide who should be the real leader of the Kutama clan has now moved to the courts. In an affidavit filed in the Limpopo High Court in Thohoyandou, the late Chief Peter Kutama's only surviving son claims he should be the chief.

Khosi Fhumulani Peter Kutama ruled as chief from 1989 until his death in August 2011. He was the grandson of Chief Makhado Tshilwavhusiku Ramabulana. His father was Tshiungulela Nzobi Johannes Kutama. After the death of Peter Kutama, the royal family appointed his younger brother, Vele Prince Kutama, as the new chief. This decision is now being put to the test by members of the family who believe that customary practices were not followed when the decision was made.

The first applicant in the court case is Aifheli Andries Kutama, who describes himself as a senior member of the Kutama royal family. The second applicant is the son, Mpho Andropov Kutama.

In his affidavit, Andries Kutama starts off by explaining that the late Chief Kutama had only one wife, Martha Kutama. Their first-born son, Tshiungulela Ustinov Kutama, died in March 2010. When the chief died in 2011, he left behind his wife and their second-born son, Mpho Andropov Kutama.

The Kutama royal family held a meeting on 26 December 2011 to decide who the next chief should be. Andries Kutama argues that not all members of the royal family were invited to this meeting. "I was surprised when the chairperson of the royal family, Lesley Ramabulana, announced that Vele Prince Kutama was identified as successor to the deceased," he says in his affidavit.

According to Andries Kutama, this decision is contrary to a Venda custom that prescribes that a man cannot succeed his own brother as traditional leader. "... the womb of a woman cannot bear two traditional leaders," he says.

The fact that it took so long for the son to claim the position he believes should be his, is also explained in the affidavit. According to Andries Kutama, they wrote a letter to the Limpopo Premier in September 2012, asking him to intervene. The matter was then referred to the MEC for Co-operative Governance, Human Settlements and Traditional Affairs. In December 2012, they were informed that Vele Prince Kutama was recognised as the new chief. After consultations with some members of the royal family, it was decided to follow the legal route to overturn the decision. It was only in April this year that they managed to collect enough money to instruct an attorney to act on their behalf.

It seems as if the decision to appoint Prince Vele Kutama as chief was based on the fact that the late Khosi Peter Kutama did not have a dzekiso wife. A dzekiso wife is the one nominated by the royal family to bear a new chief. His only wife, Martha Kutama, apparently did not come from a royal lineage. "Should there have been a need (for a dzekiso wife), the royal family would have proceeded to look for a dzekiso wife even without the co-operation or consent of the ruling traditional leader," Andries Kutama argues. He reckons that during Khosi Peter Kutama's 20-year reign it was accepted that Martha Kutama was the dzekiso wife.

"Our family knows who the rightful heir is. I think the truth will soon prevail and he will take the rightful place. Mpho is old enough to take his place now,” Andries Kutama said in an interview two weeks ago.

The spokesperson for the Kutama royal family, Vho-Ntanganedzeni Kutama, did not want to expand on the issue and said such matters should not be discussed in the media or settled in court. He said the correct channels had to be followed and it should be discussed during a gathering of the relevant members of the royal family. He said that no single individual person appointed the new chief, as it was the responsibility of the royal family.

Ntanganedzeni Kutama explained that, according to Venda culture, the chieftaincy (Vhuhosi) is the property of the family and the chief is the "manager" of that property. When the chief passes on, the property goes back to the family. "The appointment of the successor will thus be the responsibility of the royal family," he said.

Date:15 July 2013

By: Kaizer Nengovhela

Kaizer Nengovhela started writing stories for Limpopo Mirror in 2000. Prior to that he had a five year stint at Phala-Phala FM as sports presenter. In 2005 Kaizer received an award from the province's premier as Best Sports Presenter. The same year he was also nominated as Best Sports Reporter by the Makhado Municipality. Kaizer was awarded the Mathatha Tsedu award in 2014.

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