Former ANC MP Dr Mathole Motshekga has accused Prince Mpapatla Modjadji and the Modjadji royal council of trying to silence him with an interdict from exercising his right to freedom of expression.
In court papers, Motshekga said he was appointed chief royal councillor and cultural adviser of the Balobedu royal nation with the approval of Princess Masalanabo Modjadji. The princess was ultimately recognised by President Cyril Ramaphosa to ascend the throne as queen of the Balobedu nation.
In his answering affidavit in the Pretoria high court, where he is opposing the interdict from Mpapatla and the Modjadji royal council, Motshekga asked the court to dismiss the interdict, arguing that the applicants lack locus standi [the right or capacity to bring an action or to appear in a court] in the case.
“The interdict amounts to unconstitutional censorship and seeks to curtail lawful expression under the guise of customary authority,” said Motshekga. “Mpapatla, in his personal capacity, has no direct and sufficient interest in the relief sought, which is to restrain my utterances and activities concerning the Balobedu royal nation.
“His personal dissatisfaction with my legal role doesn’t [give] him a right to silence me,” Motshekga said.
Mpapatla filed court papers to interdict Motshekga, who was Masalanabo’s legal guardian, from representing the Modjadji royal family in any form.
In March, Mpapatla, who is Masalanabo’s maternal uncle, argued that Motshekga unlawfully appointed himself as his niece’s guardian and had made public announcements that were exclusively reserved for the royal family. He added that Motshekga was undermining their customs.
Mpapatla, in his personal capacity, has no direct and sufficient interest in the relief sought, which is to restrain my utterances and activities concerning the Balobedu royal nation.
— Former ANC MP Dr Mathole Motshekga
In his application, he asked the court to restrain Motshekga from addressing or issuing any public statements on behalf of the Balobedu royal house or the queenship council.
Motshekga, however, said that the Modjadji royal nation is just one clan within the broader Balobedu royal nation.
“To the extent he [Mpapatla] claims to represent the Modjadji royal family, he has provided no resolution, minutes or any evidence of mandate from this structure. The Modjadji royal family is, in any event, merely one clan within the broader Balobedu royal family and lacks standing to litigate on matters pertaining to the recognised Balobedu queenship,” he said.
Motshekga said Mpapatla was just a regent for the young queen-elect to mature and subsequently ascend to the throne.
“It is admitted that Mpapatla was appointed as regent. However, this was specifically as regent for the minor Queen Masalanabo Modjadji, not as regent for the traditional community, as he erroneously claims. A regency is appointed for a person, not an institution, and his authority terminated by operation of law when the queen turned 18 years old in January,” said Motshekga.
The former ANC chief whip claims there is a small cabal of individuals who are trying to unseat Masalanabo and instead enthrone her brother, Prince Lekukela Modjadji.
“Mpapatla’s version of a community-wide consultation process culminating in the nomination of Lekukela for kingship is false. The truth is that in 2011, a small cabal consisting of Mpapatla, Lekukela and others took a clandestine decision to attempt to replace the rightful heir, Queen Masalanabo, with her brother.
“The decision was taken without consulting the broader Balobedu royal family or other clans that constitute it,” said Motshekga.
He added that he had been involved as a legal and cultural adviser to the queenship since 1993.
“Upon recognition, Queen Masalanabo, acting on the advice of the Balobedu royal council, formally appointed me as chief royal councillor, ” he said.
The matter will be heard in court on date to be determined.
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