A royal family in Limpopo is preparing to install a woman leader after a high court ruled that she was wrongfully overlooked for the throne.
Two camps among members of the Nesengani family in Vuwani have been embroiled in a legal battle over who should be the rightful heir.
Thifhelimbilu Nesengani, a 26-year-old engineering student with two other parties, had approached the high court in Polokwane in a bid to remove her cousin, Fhatuwani Douglas Nesengani, who was installed as chief in 2020.
The court ruled in Thifhelimbilu’s favour on Monday, while instructing the royal family to convene a meeting where the rightful heir would be appointed according to custom.
Speaking on Thifhelimbilu’s behalf, her lawyer Adv Patrick Matodzi said they welcomed the ruling as a reminder that women should not be excluded from positions of leadership based on their gender.
Matodzi said the family was preparing to host a royal gathering to discuss the succession and appoint the rightful heir as directed by the court.
“Women have been disregarded in the past but now the constitution gives them power for them to be considered for leadership positions,” Matodzi said.
Thifhelimbilu had argued in court papers that she was overlooked in favour of Fhatuwani despite being the only daughter of the late Chief Philemon Nesengani, with his first wife Peggy.
In court papers, Fhatuwani had told the court that disgruntled relatives masquerading as the royal family were behind the court dispute, while arguing that his appointment was conducted by the rightful royal family, which includes the Khadzi and Ndumi, who are key decision-makers.
Judge Marisa Naudé-Odendaal set aside Fhatuwani’s appointment as chief and ordered that the family convene a meeting to appoint the rightful heir while observing the provisions of the constitution when it comes to gender equality. Naudé-Odendaal stated that decisions based on the principle of primogeniture which favours male heirs were against the constitution.
“In the present matter, the third applicant (Thifhelimbilu) was not identified to ascend to the throne as senior traditional leader due to gender discrimination which offends the Bill of Rights in the constitution,” she stated.
When contacted for comment, Fhatuwani said he had been advised by the family not to speak on the case.
Royal family member Mulomoni Nesengani said they had not decided on whether to appeal the court’s decision. “At this stage the family has to sit down and assess the judgment,” he said.
However, Nesengani said the court battle would not ruin relations among disputing relatives. “We are still one family irrespective of having different views,” he said.
mahopoz@sowetan.co.za
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