ConCourt rules only one family may appoint headman or headwoman

The Constitutional Court held on Wednesday that, as a matter of law, the authority to identify a new headman or headwoman for Tshibvumo Village in Limpopo rests exclusively with the Rambuda royal family. 

The court made this finding in an appeal by the royal family, whose decision to appoint a headman for Tshibvumo Village had been set aside by the high court in 2018. 

The Constitutional Court was adjudicating on a dispute involving the position of headman of the Vhembe village which has been under the traditional leadership of the Rambuda royal family for several decades. 

Its last headwoman was Nthambeleni Tshibvumo Singo, who was in the position from 1982 until she died in 2014. 

After her death, two successors were identified, with the Rambuda royal family identifying Ndwambi Donald Rambuda while the Tshibvumo royal family identified Mbulaheni Lucas Mavhungu, the son of the deceased headwoman. 

The central enquiry, in this case, was whether the Rambuda or the Tshibvumo royal family was entitled to identify the headman. Related to this enquiry was whether the Limpopo high court, when adjudicating, was correct in finding that there were two royal families. 

In its judgment, the Constitutional Court said these royal families in dispute both fell under the governance of the Rambuda Traditional Council. 

In May 2018, the premier recognised Ndwambi Rambuda as headman of Tshibvumo Village. This led to the Tshibvumo royal family instituting a review of the premier’s decision. The family also sought an order declaring Mavhungu as headman.