Mphephu Ramabulana suffers court blow

The Constitutional Court on Friday ruled in favour of Masindi Clementine Mphephu against Toni Peter Mphephu Ramabulana in a case for the Vhavenda Traditional Council leadership.

ConCourt dismissed with costs and declared as invalid an application by King Ramabulana-Mphephu. This comes after he approached the highest court in the land seeking to have the Supreme Court of Appeal (SCA) ruling that Masindi was eligible to lead VhaVenda as Queen, set aside.

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In April 2019, the SCA found that former president Jacob Zuma’s decision to appoint Mphephu-Ramabulana as the acting king of VhaVenda in Limpopo was illegal and unconstitutional. It stated that such a decision promoted gender discrimination. He launched his application for leave to appeal before the Constitutional Court 15 months out of time.

Ramabulana ascended to the throne after his elder brother Chief Tshimangadzo Mphephu resigned in 1994. He subsequently died in a car accident. The ConCourt, in a unanimous judgment written by Justice Sisi Khampepe, refused condonation in respect of the late filing.

COURT CASE BLOW FOR TONI MPHEPHU RAMABULANA

“No reasonable explanation has been put forward. This is a strong indicator that the application for condonation must fail,” Khampepe said.

Khampepe said entertaining Mphephu Ramabulana at this stage, when the review application is due to be finalised in the high court, would be highly prejudicial to the finalisation of the dispute between the parties.

“Having refused condonation, the main application is not before this court for determination and is dismissed on that basis.”

However, Khampepe ruled in favour of Mphephu in her cross-appeal concerning the SCA order which stayed Mphephu Ramabulana’s kingship pending the finalisation of the dispute.

“The stay granted by the Supreme Court of Appeal is operative until the completion of the review proceedings. Including any appeal which may arise therefrom.”

She said it could be years before the review proceedings are finally settled. In addition to the period of more than eight years that has already passed since Mphephu first approached the courts.

“This is evidently prejudicial to Ms Mphephu. It also means that Mr Mphephu Ramabulana will continue to unlawfully occupy the throne. In circumstances where his appointment has been found to have been unconstitutional and invalid.”