The legal battle between the Makonde Royal Family and the Tshivhase Traditional Council, along with Thovhele Midiyavhathu Kennedy Tshivhase, took a dramatic turn after an application for leave to appeal a Thohoyandou High Court ruling was withdrawn. At the heart of the dispute is control over the Makonde area — and, more crucially, access to local resources such as sand.
On 18 June this year, the Thohoyandou High Court issued an order prohibiting Mr Nyadzeni Peter Ravhura and the senior traditional leader in the area, Thovhele Kennedy Tshivhase, from processing or approving any applications related to land allocation, sand mining or any other matters concerning Makonde village, unless signed by Vhamusanda Vho Tshinetise Tshedza Ravhura. The court further ordered Mr Ravhura to surrender all official documents and stamps to the legally recognised traditional leader.
A week later, the Tshivhase Traditional Council and Thovhele Tshivhase filed court papers seeking leave to appeal the ruling. However, the Makonde royal family approached the courts to ensure that the High Court ruling remained in force.
Mr Fhatuwani Ravhura, chairperson of the Makonde royal family, said they had since been informed that the application for leave to appeal had been withdrawn. He added that their legal team had raised concerns about continued violations of the court order, accusing the respondents of undermining the authority of Vhamusanda Vho Tshinetise Tshedza Ravhura.
In a strongly worded letter from the Makonde royal family's lawyers to the respondents' legal team, the respondents are accused of acting in contempt of court. "Ever since the court order was granted, your clients have never complied with the order, meaning they are in contempt of court. It has come to our clients' attention that your clients are continuing with their illegal activities that have been interdicted by the Court," the letter reads.
The letter further demands that the respondents "immediately comply with the court order granted in our clients' favour, failing which we hold instructions to launch an urgent application for Contempt of Court and seek direct imprisonment against your clients."
Speaking to Limpopo Mirror on Tuesday morning, Thovhele Kennedy Tshivhase said the main respondent in the case was Nyadzeni Peter Ravhura. "He is the one who withdrew the application for leave to appeal the court order. We are currently pursuing a court review of the judgment," he said.
Meanwhile, residents of Makonde continue their campaign to reclaim control over local resources. A memorandum of grievances is expected to be submitted to the Department of Land Reform and Rural Development in Pretoria on 11 July. The action is part of a united front by Makonde and 18 other villages within the Tshivhase dynasty.