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ConCourt Ends Royal Family Dispute, Upholds Rambuda Leadership in Tshibvumo Village

Published July 18, 2024
5 months ago


South Africa's Constitutional Court has brought resolution to a protracted traditional leadership tussle in Tshibvumo Village, Limpopo, by affirming the role of the Rambuda royal family as the rightful leaders. This ruling concluded a series of legal confrontations that positioned the Rambuda and Tshibvumo royal families in opposition concerning the chieftaincy in the aftermath of the passing of the previous village head in 2014.


The intricacy of the case was deepened by the former Limpopo Premier, Stan Mathabatha's, contentious recognition of Donald Rambuda as the leader, which the apex court deemed as lacking in discretion and due process. Justice Rammaka Mathopo, writing for a unified bench, emphasized that the premier had failed to engage in the essential examination of the dispute and to consult relevant traditional houses, which could have mitigated the strife.


In a concrete exposition, the Court outlined the necessary steps for handling traditional appointments, underscoring the importance of adherence to customary law in alignment with the constitution's Bill of Rights. This narrative is increasingly significant as South African courts refine their jurisprudence on customary law in correlation with constitutional mandates.


The previous leader, Nthambeleni Tshibvumo Singo's demise prompted succession claims from both his son, Lucas Mavhungu, and the nomination of Donald Rambuda by the community's senior traditional leader, Chief Avhatendi Rambuda. With the selection of Rambuda by Premier Mathabatha in 2018, and the subsequent legal contestation by the Tshibvumo family, the Constitutional Court's ruling finally settles the leadership question, signaling that the Rambuda family fulfills the definition of a royal family per the Limpopo Traditional Leadership Act.


Additionally, the Court flagged the issue of gender discrimination through male progeniture, signifying this as an issue for traditional houses to address and align with the principles enshrined in the Bill of Rights.


The expected consequence is the transition of the matter to the new Limpopo Premier, Constance Ramathuba, who is now tasked with advancing the process within the framework directed by the Constitutional Court. This decision marks a milestone in South Africa's continual balance between customary law and constitutional directives, with the ongoing evolution of the nation’s legal canvas.



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