LIMPOPO – The Association of Traditional Leaders (ATL) has accused the Limpopo Provincial Government of unfairly and selectively implementing court judgments following the removal of Hosi Maswanganyi as chief of Maswanganyi village.

The association raised its concerns in a statement issued after Limpopo Cooperative Governance, Human Settlements and Traditional Affairs (CoGHSTA), then-MEC Basikopo Makamu, visited the Nhlaniki Tribal Authority to communicate the government’s position regarding the implementation of a court judgment relating to the traditional leadership dispute between Hosi Nhlaniki and Hosi Maswanganyi.

Removal ‘finalised’ before due process, ATL claims

According to the ATL’s letter, which was sent to the president, the premier and CoGHSTA, the MEC’s visit to Hosi Nhlaniki and the subsequent developments created the impression that the decision regarding Hosi Maswanganyi’s removal had already been “finalised before he had been afforded the full benefit of the required legal and administrative processes”.

The association said it respected the Constitution, the courts and the rule of law and did not oppose the lawful implementation of court judgments. However, it argued that “the implementation of such judgments must be lawful, transparent, procedurally fair and consistent with the actual terms of the court ruling”.

The ATL expressed particular concern over what it described as the “humiliation and marginalisation” of Hosi Maswanganyi, arguing that a “recognised traditional leader should not be publicly humiliated or effectively removed through correspondence and political communication before all lawful administrative processes had been completed”.

Salary stoppage draws scrutiny

The association also questioned the stoppage of Hosi Maswanganyi’s remuneration by the Office of the Premier, reportedly with effect from August 15. It said the sudden termination of his remuneration had serious consequences for his livelihood and financial obligations, including vehicle finance agreements and insurance premiums.

The ATL called on the Office of the Premier to provide a written explanation of the legal authority used to stop Maswanganyi’s remuneration and clarify whether he was given prior written notice and an opportunity to make representations.

The association also raised concerns about what it described as the selective implementation of court judgments involving traditional leadership disputes in Limpopo.

It accused Makamu of bias and questioned why government was acting urgently in the Maswanganyi matter while, according to the ATL, other judgments involving traditional leaders remained unresolved for years.

The ATL further warned against interpreting the court judgment beyond its terms, arguing that setting aside an administrative decision did not automatically authorise removing a traditional leader without following further lawful processes. It called on the premier to clarify the legal basis for their actions and engage openly with affected traditional leadership structures.

Makamu rejects bias allegations

Makamu dismissed the allegations as baseless.

“When I installed Hosi Maswanganyi as a chief, I faced many insults from Nhlaniki’s side, and now that I have terminated that chieftaincy, people are crying,” he said.

Makamu said he was implementing the court judgment in his capacity as MEC and had no reason to be biased.

On the allegation that Maswanganyi had not been informed, Makamu said he had been called to a meeting and informed of the matter, including the plan to terminate his salary before it was stopped at the end of July.

Editor’s note: Makamu was CoGHSTA MEC at the time of the events described in this article. He was moved to Agriculture and Rural Development in a provincial cabinet reshuffle announced by Premier Dr Phophi Ramathuba on September 2. Pule Shai has since taken over the CoGHSTA portfolio.