Relative of acting chief interdicted

The Grahamstown High Court has shut down an illegal private school.
The Grahamstown High Court has shut down an illegal private school.
The younger brother of the late chief of Amagqunukhwebe has been interdicted from calling meetings and purporting to be the head of the Middeldrift community’s traditional authority.

Chief Nombulelo Kama, with the support of the department of co-operative governance and traditional affairs, asked the Bhisho High Court to interdict her brother-in-law, Mkhululi Kama, from calling meetings and using letterheads without her permission.

Nombulelo was married to Chief Zwelimjongile Kama and they had two sons. When Zwelimjongile died, both sons were under age and their mother was appointed acting chief.

The boys’ uncle Mkhululi fought for leadership of the tribe, but the Traditional Leadership Disputes and Claims Commission dismissed him in 2013. The commission was headed by Dr Nokuzola Mndende of the Icamagu Institute.

Kama said Mkhululi “and his followers” did not recognise her as the chief of Amagqunukhwebe because she was a woman.

“I respectfully submit that the utterance by that I am a ‘so-called’ chief is not only disrespectful, but is also an indication that he does not recognise my authority as chief, be it in an acting capacity,” she said.

“The threat of violence and bloodshed is very real and I would rather err on the side of caution than the lives of many innocent people. It is for this reason that I approached the court seeking relief,” she said.

Kama has been acting since April 2005 after her husband became ill in 2002. The family wanted Mkhululi to be made chief but King Maxhoba Sandile decided that Kama should be appointed acting chief.

After the chief died in 2004, she was appointed to act while her minor children grew up. When the eldest son became of age he decided not to ascend to the chieftaincy.

Kama told the court her brother-in-law was undermining her authority by doing things like calling meetings without permission and using letterheads of the Amagqunukhwebe Traditional Authority.

Mkhululi had allegedly invited AmaXhosa King Mpendulo Sigcau to their Middeldrift village.

Mkhululi told the court the “pro-Mkhululi” group questioned Kama’s marriage to the late chief. He said they just lived together and therefore their son could not be a chief.

Kama said her marriage had never been in dispute.

“There is not a single instance where I ever ridiculed or fought about this issue,” Mkhululi said.

He denied that the meetings were held at the community hall, but he said they were at his home, where a tent had been erected.

While Mkhululi filed notice to oppose the matter, neither he nor his legal representative have been at any of the court proceedings.

Yesterday, Judge Selby Mbenenge granted an order in Kama’s favour against Mkhululi, who was ordered to pay costs. — siyab@dispatch.co.za

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