Princess Tsakani Beatrice Nkambule, the eldest daughter of the late Hosi Dr Tinyiko Lwandamuni Philia Nwamitwa II, has threatened urgent legal action against Limpopo Premier Phophi Ramathuba if her office moves to recognise Sayina Basy Ngobeni as acting senior traditional leader of the Valoyi Traditional Community.
In a letter of demand addressed to Ramathuba by her lawyers, Mabuza Attorneys, Tsakane demanded a written undertaking by 30 October 2026 that Ramathuba and the provincial government will not issue a certificate of recognition to Basy while a succession dispute remains before the Polokwane High Court.
The letter warns that failure to provide the undertaking will result in an urgent application to interdict or set aside any steps taken towards recognising Basi.
The dispute follows the death of Hosi Dr Nwamitwa II on 9 February 2026, after which a section of the Valoyi Royal Family nominated Basy to act as senior traditional leader under the Traditional and Khoi-San Leadership Act.
According to the letter, the Limpopo Department of Cooperative Governance, Human Settlements and Traditional Affairs (CoGHSTA) has indicated that it intends to submit a report to the Provincial Executive Committee for ratification in its next meeting.
The meeting to consider the matter is expected to take place between mid-November and the end of November 2026.
However, Tsakane says over her dead body.
She is challenging the proposed recognition, arguing that it would disregard a succession resolution adopted by members of the Valoyi Royal Family, Royal Council and Traditional Council on 17 May 2010.
The resolution, adopted during the lifetime of Hosi Dr Nwamitwa II, outlined arrangements for succession within the traditional community. Paradoxically, Basy and her sister Dr Nelly Manzini, who are consorts of the royal family, signed this resolution which Tsakane has sent to the Ramathuba.
The resolution , provided for a candle wife to bear a child who would become heir to the Valoyi chieftainship. It further stated that if the traditional leader died before the child reached the appropriate age to assume the position, the candle wife would become regent.
However, the resolution also provided that in the event of a divorce, Tsakane would become regent under similar conditions.
Mabuza Attorneys argue that the resolution remains legally binding because it has not been set aside by a court of law.
The lawyers rely on the legal principles established in the Oudekraal and Kirkland judgments, which deal with the continued legal effect of administrative decisions until they are set aside through appropriate legal proceedings.
They argue that CoGHSTA cannot simply disregard the 2010 resolution when considering who should act as the community’s traditional leader.
The letter further alleges that Basy and the faction supporting her are seeking to undermine the resolution’s legal effect without first approaching a court to have it set aside.
It also contends that the current dispute revisits questions surrounding the Valoyi succession that were addressed by the Constitutional Court in 2008 in proceedings that paved the way for Hosi Dr Nwamitwa II to ascend to the throne.
Nkambule’s lawyers also argue that the proposed recognition would be inappropriate while the existing high court proceedings remain unresolved.
Basy’s clique has approached the Polokwane High Court seeking an order compelling the Ramathuba and other state respondents to issue a certificate recognising her as acting senior traditional leader.
Surprisingly and shockingly, they claim that Tsakane is not a royal consort , despite being the daughter of the late Hose Nwamitwa.
Tsakane is opposing that application and intends to bring a counter-application seeking to compel the provincial government to respect and implement the 2010 resolution.
The lawyers warn that recognising Basy before the court has delivered judgment could interfere with the administration of justice and potentially contravene section 165(3) of the Constitution, which prohibits any person or organ of state from interfering with the functioning of the courts.
They argue that issuing the certificate while the dispute is pending could undermine the effectiveness of the court proceedings.
The letter reserves Nkambule’s rights and states that the threatened urgent legal action will be pursued if Ramathuba fails to provide the requested undertaking by the deadline not to proceed with issuance of the certificate of recognition.
Limpopo Government Spokesperson Ndavhe Ramakuela said letter Tsakane’s lawyers sent was premature.
“Provincial executive committee has not sat to make that decision. Tsakane should have waited until the provincial committee has sat and taken a decision and then challenge that decision. What if the provincial executive committee does not agree with the recommendation to recognise Basy as the regent?,” he asks.
Ramakuela further said if the provincial executive committee took a decision to recommend Basy as the regent, then Tsakane has a constitutional right to make threat to interdict the premier.
“ At the moment her action is premature,” he said.
