The High Court of South Africa (Thohoyandou Local Division) sitting in Polokwane has ruled that the recognition of Davhana David Davhana as a senior traditional leader is invalid.
During the judgement that was announced by Judge MG Phatudi J on September 19, the court ruled that the decision of the second respondent (Davhana Royal Council) in terms of which the fourth respondent (Davhana David Davhana) was identified as a senior traditional leader (Khosi) in its royal 'council' meeting held on April 08, 2007, be declared invalid and be set aside.
"The first respondent (the Premier of Limpopo) is directed and ordered to cause a meeting of all relevant members of the second applicant (Davhana/Nesengani Royal Family) to be convened as a matter of urgency to properly identify a successor to the late Khosi OK Davhana in line with Act 4 of 2005," the court ruled.
The Davhana/Nesengani Royal Family must therefore, within 30 days, inform the fifth respondent (Premier) in writing of its resolution and minutes of the meeting to identify a successor. The Davhana Royal Family and Davhana David Davhana were also ordered to pay the costs of the application on a party-to-party scale.
In his comment, Vhamusanda Vho-Mulweli Davhana, the first respondent and chairperson of the Davhana Royal Council, said that they respected the decision of the court.
Dovhela Phanuel Nesengani, who was the first applicant in the case and is a member of the royal family, said that they were delighted that the judge had ruled in their favour. "From here we are going to sit down as a family where we will elect a person who will lead this family. We may come up with a different candidate or the same candidate (Davhana David Davhana) as the rightful heir to the title. The fact of the matter is that the family must be the one that takes such a decision, not some individual," he said.
"Our argument was that Davhana David Davhana was not chosen by the right people, which is us as the royal family. Now we want to do things in the proper way as a family, not allowing other people to make decisions for us," said Nesengani.
Davhana David Davhana is currently on trial, facing charges of public violence and being in possession of an unlicensed fire-arm. The case is before the Sibasa Regional Court at Tomboni.