The Mphephu-Ramabulana Royal Council has asked the Constitutional Court to make a ruling as far as the appointment of an interim leader for the Vhavenda is concerned. The High Court previously ruled that an interim leader cannot be appointed while a review application is pending.
The royal family approached the Thohoyandou division of the Limpopo High Court in October last year to try and force the Premier and the MEC for Coghsta to appoint an interim ruler. Since the Constitutional Court's ruling in 2021 that Toni Mphephu could not serve as acting king, a void in the leadership has existed. Earlier that year, Coghsta also stopped payments to staff members at the royal palace.
In court papers, the royal family argued that the delay in appointing Mavhungu David Mphephu as acting king was unreasonable and untenable. His name was forwarded by the royal family as the ideal person who could serve in the position as leader while the battle in court played out.
The royal family's application was opposed by the Premier and the MEC, as well as by one of the main contenders for the leadership position, Masindi Clementine Mphephu. In their replying affidavit, the Premier and MEC said that they could not appoint an interim ruler as a dispute still existed between the royal family's members.
Masindi Mphephu's legal team raised similar objections, saying that the court first needed to rule on various matters before any leader could be identified.
The matter served before Judge AML Phatudi, and he ruled that the matter was not urgent. He also said that the application was flawed because it went against the clear instructions given by the Constitutional Court. "It is common cause that one of the issues for determination under case number 773/2012 is the identification and recognition of a person as a Queen or King of [the] Vha-Venda community. It is clear that the Supreme Court of Appeal indicated that that should not be determined, not even in acting capacity, pending finalisation of the review application," he said.
Judge Phatudi's ruling was taken on review by the legal team acting for the royal family, SO Ravele Attorneys. "Our client immediately lodged an application for direct leave to appeal the High Court decision to the Constitutional Court. On 5 July 2023, the Constitutional Court agreed to hear our client's direct application for leave to appeal the High Court order," said Ravele.
The applicants have until 10 August to file arguments dealing with the merits of the appeal. Should the other parties involved, such as the Premier or Masindi Mphephu, want to make input, they must do so before 24 August.
Mr Johann Hammann, legal representative of Masindi Mphephu, one of the main contenders for the Vhavenda throne, said last week that they would definitely oppose the application. He said that, among other problems, they believed that David Mphephu was not a proper candidate. He is being accused of lying under oath in court papers when he supported Toni Mphephu's appointment as king.