Pretoria - The court case over the royal battle within the Balobedu royal family was postponed on Friday after the applicant asked for it to be moved due to new legal representatives.
The case centres on siblings seeking to ascend the throne to lead the Balobedu nation in Khetlhakoni, Modjadjiskloof, in Limpopo after the death of their mother “rain queen”, Queen Makobo Modjadji, who died in 2005.
Her children, Prince Lekukela Modjadji and his younger sister, Princess Masalanabo Modjadji, have been pitted against each other to lead the nation after ANC heavyweight, Dr Mathole Motshekga, took the matter to court, seeking for Princess Masalanabo to be recognised as the rightful heir to the throne.
Motshekga is the legal guardian of Princess Masalanabo, after he adopted her in 2006.
The Modjadji Royal Council believes Prince Lekukela is the rightful heir, and if they have their way he will end 200 years of queenship.
The matter was to sit at the Gauteng High Court, Pretoria, but postponed after Motshekga’s legal representatives, Phosa and Loots attorneys, led by ANC stalwart Matthews Phosa, withdrew from the case prompting Motshekga to install the services of Ngoako Maropene as his new legal representative.
Speaking to the Pretoria News at the weekend, Moropene said the court had granted the application for postponement.
“The judge granted us postponement because we asked to be afforded an opportunity to prepare for the case as the new legal team briefed at the eleventh hour (on October 4 for the matter set down for hearing on October 10 and 13) after the previous lawyers terminated their mandate on October 4.
“The judge accepted our argument that we must be given ample time to prepare, because access to court in terms of section 34 of the Constitution is also about affording the parties a fair opportunity to prepare for their cases.”
He said Judge AJ Haupt ordered the parties to approach the (Deputy Judge President) DJP to arrange dates for the expedited hearing on a third motion court proceedings, and also ordered that the DJP appoint a judge to hear this matter based on the agreed dates between the parties.
“The judge also ordered that the DJP should assist with case management for it to be heard before the end of this year. The next court date will depend on what the DJP would agree with the parties.
“Judge Haupt granted the respondent wasted costs, because usually the party seeking indulgence is always ordered to grant costs to the other party.
“She ruled that an independent legal representative will be appointed to represent Princess Masalanabo’s interests, and that Motshekga will represent his own interests.”
Speaking on behalf of the Balobedu Royal Council, Ronnie Moroatshehla said the outcome of this court case was in their favour. “For the first time since this succession battle, Princess (Masalanabo) will be accorded space to voice her own stance to an independent legal representative without undue Influence.
“This case, as the judge initially stated, is as sensitive as it is emotional.”
Pretoria News