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Giyani chieftaincy case delayed in court

The Duvula royal family’s court case for chieftaincy recognition was postponed as the State requests more time; a new hearing is expected in June.

LIMPOPO – The court hearing involving the Duvula Royal Family, the Premier, the House of Traditional Leaders, and several other stakeholders, scheduled to take place at the Polokwane High Court on Tuesday, has been put on hold after lawyers representing the State requested more time to review the documents.

This follows the release of the Kgatla Commission’s report in 2019, which concluded that the Duvula chieftaincy in Rotterdam village, outside Giyani, does not exist. As a result, the Duvula family, led by Thomas Hanyani Makhubele, along with his mother, Maria Ndaheni Nkuna, and his sister, Maria Mhloti Makhubele, instituted legal action to challenge the commission’s recommendation.

In their court action, they named Premier Dr Phophi Ramathuba, CoGHSTA MEC Basikopo Makamu, and several other parties, including the Limpopo House of Traditional Leaders, as respondents.

However, the court hearing, which was supported by a protest from the community of Duvula village, did not take place as the other parties were not ready. “At the time the case was filed last year, there was no official opposition,” explained Ntsako Justice Makhubela, the spokesperson of Duvula family.

“The Premier’s legal representatives showed up unprepared and unexpectedly announced their intent to oppose the claim,” he said, adding that this led to the matter not advancing before a judge.

Instead, it became a procedural engagement between the legal teams, who agreed to exchange relevant documents by May 22. A formal court date is expected to be scheduled in June.

“Despite this, we’re happy that on the same day, the Office of the Premier responded to protests outside its offices by issuing a letter to the Duvula community, stating that the premier would visit the community on May 12 at 10:00 to personally hear their grievances and perspectives on the matter,” he said.

Giving a brief history of the Duvula chieftaincy, Makhubela explained that it is one of the oldest in the Gazankulu region (now known as Giyani), carrying a rich legacy that spans generations. He said its origins date back several decades and are documented in a book by Van Warmelon, published in 1935.

“In the book, Van Warmelon identifies chiefs from the former Gazankulu, including those mentioned in the Duiwelskloof list,” explained Makhubela, adding that Duvula is clearly outlined on page 48 in the book.

However, he added that the Duvula chieftaincy began to erode in 1958 with the introduction of the Bantu Administration system, a state policy aimed at controlling and segregating Black South Africans by creating homelands, where certain traditional leaders were appointed or recognised by the government.

In this reconfiguration of tribal leadership, the Duvula chieftaincy was reclassified under Ndengeza traditional leadership. Like many others, the Duvula Royal House became one of the several displaced by a system.

“Efforts to reclaim the chieftaincy began earnestly after apartheid. The royal family engaged the Land Claims Commission starting in 1995 and later presented their case to the Kgatla Commission in 2013. Yet, despite these efforts, the commission’s report, which was released in 2019, did not recognise the Duvula family’s claim to traditional leadership chieftaincy, and this is why we are here today,” he said.

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Tanaiya Lees

Tanaiya Lees is the Digital Coordinator for the Polokwane Review-Observer and the Letaba, Phalaborwa, Hoedspruit, Mopani, and Regional Herald. She holds a Diploma in Journalism, and a BA in Communications and Psychology. With an interest in storytelling and a strong commitment to accuracy, her goal is to produce high-quality content that truly connects with readers. She aims to amplify the voices of those who need it most, shine a light on important issues, and inspire meaningful conversations. Tanaiya firmly believes in the power of journalism to effect change and is dedicated to being a part of that change.

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