Simmering tensions between the government and the Modjadji Royal Council took another turn as the latter has successfully interdicted the Limpopo government from closing its tribal offices.
On Tuesday, the high court in Pretoria interdicted and restrained Limpopo premier Phophi Ramathuba and cooperative governance, human settlement, and traditional affairs (Coghsta) MEC Basikopo Makamu from closing the Modjadji Traditional Council offices, pending the finalisation of the proceedings on the normal court roll.
This comes after former regent, Prince Mpapatla Modjadji, approached the high court on an urgent basis for an order against the Limpopo government, which he said, among other things, refused to appoint a senior traditional leader for the Modjadji traditional community and further determined to close the tribal offices in Khethlakoni headkraal outside Modjadjiskloof.
Judge AJ Strydom granted a draft order against the closure of the offices, saying Ramathuba and Makamu be interdicted and restrained from closing them.
“The respondents are directed to file their heads of arguments by no later than December 1. The applicant is directed to approach the registrar by not later than December 3 for the allocation of the hearing date,” Strydom ruled.
“The respondents are authorised to conduct any audit as may be required without any closure of the offices, including pending the finalisation of the hearing of the application on the normal motion court roll.”
Prince Modjadji wants the court to direct the Limpopo provincial government to appoint him as a senior traditional leader for the Modjadji traditional community.
“On September 2 2024, the Modjadji royal family addressed correspondence to the premier and the MEC, advising that the royal family had identified me as a person suitable for appointment as senior traditional leader for the Modjadji traditional community,” he wrote.
In his affidavit, Prince Modjadji argued that the conduct of Makamu was actuated by the erroneous assumption that upon the recognition of Balobedu Queenship, the Modjadji traditional community, which has offices and has been serving its members, ceases to exist.
“The administration of the affairs of the community cannot cease merely because there exists a vacancy,” he said.
“The community remains entitled to various services offered by the leadership of the traditional community, such as the adjudication of disputes; the support of traditional functions like “thokola”, the rainmaking celebration; the allocation of graves for the burial of their family members; and many other services.
“There [have] lapsed nine years since the recognition of the Balobedu Queenship to date, and maintaining the office of the traditional council will therefore not occasion harm, as no harm has resulted since 2016.”
Council spokesperson Ronnie Moroatshehla said they welcome the interim order.
This legal action was necessary to counter a heavy-handed and unauthorised attempt to shut down the legitimate administrative heart of the Balobedu nation, he said. “The move to forcibly close the royal council offices was not only an affront to the customs and traditions of the Modjadji dynasty, but also an echo of past oppressive strategies designed to dismantle and disempower traditional structures. ”
The offices of Ramathuba and Makamu did not respond to Sowetan’s queries regarding the draft order.
Recently the Modjadji Royal Council accused the government of applying bullying tactics after Coghsta officials requested the police to escort them to the tribal offices for fear of being victimised.
Sowetan
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