The Polokwane Division of the Limpopo High Court has found Premier Phophi Ramathuba in contempt of court, ruling that her department’s explanations for a year-long delay in appointing a committee to probe the Mukhari traditional leadership dispute amounted to little more than an afterthought.
Acting Judge M.H.M. Masilo handed down judgment on 9 June, finding that the Premier had failed to comply with an order granted by Acting Judge Bressler on 16 January 2025, which had directed her to appoint an ad hoc committee within 60 days to investigate competing claims to the Mukhari traditional leadership. That deadline, the judgment notes, expired on 17 March 2025 at the latest.
Court papers show it took a further 12 months and 28 days from the date of the original order for the process to be completed. The Premier’s office met applicant Risimati Wilson Mkhari on 24 April 2025 to outline an implementation plan, but a submission on the committee was only signed by the Head of Department on 24 May 2025 and by the MEC for Cooperative Governance, Human Settlements and Traditional Affairs (COGHSTA) on 27 May 2025.
The Premier only approved the appointment of the committee on 19 June 2025, after the contempt application had already been served. Names of committee members were approved only on 14 October 2025, and appointment letters were not issued until 14 February 2026 — three months and four months after those respective steps.
The Premier’s office argued the matter had become moot once the committee was appointed, however belatedly, since there was nothing left for her to do. The court firmly rejected this, holding that officials remain accountable for non-compliance regardless of later action, and that “later compliance does not erase earlier non-compliance.”
Judge Masilo was particularly critical of the state’s explanation that the delay stemmed from a lack of budget for the committee, pointing out that this excuse surfaced only after the fact and could not account for the timeline. The judgment describes this as sounding “more like an afterthought in an attempt to conjure some rickety reason” for the delay, and notes that the Premier’s office never applied to court for an extension despite having a duty to do so once it became clear the 60-day deadline would be missed.
In declaring the Premier in contempt, the court found that Mkhari had satisfied the first three requirements for civil contempt — the existence of a valid order, notice of it, and non-compliance — and that the Premier’s office had failed to discharge the onus of showing the non-compliance was not wilful or in bad faith. Judge Masilo said the ruling was necessary to address what he called a “malevolent disregard and disrespect for the court orders by officials and organs of state,” warning that failure to enforce compliance would entrench a “lackadaisical attitude” among officials that they are above the law.
The court ordered the Premier to pay the costs of the application on a party-and-party Scale B, including the costs of counsel, though it declined to award costs on the higher scale sought for senior counsel, finding the matter did not warrant it. An earlier prayer for a suspended prison term and a fine against the Premier was abandoned by the applicant when the matter was argued on 23 March 2026, leaving only the declaratory order and costs before the court.
The contempt ruling follows months of litigation, including a separate High Court application that halted the seizure of assets worth more than R1 million belonging to Hlekani Samuel Mukhari and Sikheto Thomas Mukhari in a dispute over legal costs.
The judgment drew contrasting reactions from the rival royal families. Mkhari Royal Family spokesperson Themba Madale welcomed the ruling.
“We welcome the judgment because it reaffirms a fundamental constitutional principle. Court orders must be obeyed by everyone, including organs of state. This matter was never about personalities or politics. It was about ensuring that a lawful court order was respected and implemented,” he said.
Mukhari Royal Family spokesperson Nkateko Shipalana, however, said the contempt judgment did not determine the succession dispute.
“It is a vindication of our rights and also an indication that Risimati Wilson Mkhari simply bears malice towards Hosi Chavani and Hosi Njhakanjhaka. The issue of contempt against the Premier is moot and academic because it has been overtaken by events. It therefore has no consequences,” he said.
An enquiry was sent to Limpopo provincial government spokesperson Ndavhe Ramakuela on 16 June. Several follow-up enquiries were made, but no response had been received by the time of publication.