Limpopo Premier Phophi Ramathuba has refused to issue a certificate recognising Sayina Basy Nwamitwa-Ngobeni as acting senior traditional leader of the Valoyi community, with the provincial government telling the court that the application to compel recognition is not urgent.
This as Basy, the paternal sister of the late Hosi Lwandlamone Nwamitwa faces off with her niece, Tsakane Nkambule over the ascendancy to vacant throne as regent of the Batsongs -Machanga nation.
Basy, who is allegedly egged on by her sister Dr Hlamalani Nelly Manzini , the former South African High Commissioner to Mauritius has proclaimed herself as the legitimate heir to the throne.
This while Tsakane,who is the daughter of the Hosi Lwandlamone Nwamitwa , also submitted her name to Ramathuba for recognition as the legitimate heir to the royal chair.
The imbroglio has resulted with the clique that backs Basy dragging Ramathuba to the Limpopo High Court, demanding an order that will force the premier to appoint her in five days.
The Basy’s corterie consists of Sydney Nwamitwa and Philip Nwamitwa among others, who are cited as the applicants. Rmathuba, MEC for Department of Co-operative Governance, Human Settlements and Traditional Affairs (CoGHSTA) Pule Shayi and House of Tradional Leaders and Tsakane as the respondents .
In a replying affidavit, Kgoahla Makholo Seriana, the acting head of the Limpopo Department of Co-operative Governance, Human Settlements and Traditional Affairs (CoGHSTA), said the Office of the Premier had raised discrepancies in the department’s submission recommending Bay for recognition.
Seriana said the application could not be finalised until the concerns had been addressed and the necessary administrative processes completed.
Basy’s faction , Seriana said, submitted its application for recognition to the Office of the Premier on February 17.
However, the process encountered complications after a competing claim emerged involving Tsakane, who was identified by another group as regent on behalf of an heir who is her younger brother, aged 16.
According to the affidavit, the Director-General in the Office of the Premier, NS Nchabeleng, wrote to CoGHSTA in August, raising concerns about an apparent contradiction in the submission recommending Basy.
The submission referred to a split within the royal family, suggesting there was a dispute over who should be recognised as regent or acting senior traditional leader, while simultaneously recommending Basy for recognition.
Seriana said Nchabeleng requested clarification on the discrepancy before the matter could proceed.
Seriana said the query needed to be resolved before the Ramathuba could lawfully issue a certificate of recognition.
The government, said Seriana, maintains that the competing claim required investigation, including the examination of genealogical records and the applicable customary law, before a final decision could be made.
The affidavit states that the information available to the department indicates that Nkambule is not a member of the Valoyi Royal Family and that the royal family had dismissed her application for regent on that basis. This despite that Tsakane is the daughter of the late Hosi Nwamitwa.
Despite the outstanding issues, the government says it does not oppose the recognition of the person identified by the Valoyi Royal Family in principle. Its opposition is directed at the urgent application and the applicants’ demand that recognition be completed within five days.
Seriana told the court that the applicants had failed to demonstrate that they would be unable to obtain substantial redress if the matter followed the ordinary legal process.
The affidavit points out that more than seven months elapsed between the death of Hosi Nwamitwa and the launch of the court application in late September.
Seriana also highlighted that the matter was initially enrolled for October 6 before being removed from the roll and subsequently reinstated for an urgent hearing on October 13.
Seriana argued that the delay undermined the applicants’ claim that the matter required urgent judicial intervention.
The government expects the administrative process to be finalised by mid-to-late November, subject to ratification by the Provincial Executive Council (EXCO), which is scheduled to consider the recommendation at its mid-November sitting, Seriana said.
Once ratification has been secured, said Seriana, the remaining steps would include issuing the certificate of recognition, publishing a notice in the Provincial Gazette and notifying the relevant houses of traditional leaders.
Seriana has asked the court to strike the matter from the urgent roll or, alternatively, postpone it until the administrative process has been completed.
The recognition os Basy is likely to be stalled as Tsakane’s faction wants to go court to interdict it. Tsakane declined to comment and said the matter is sub judice.
