The Bhisho High Court has set aside a decision to remove former Ciskei homeland president Lennox Sebe’s nephew Viwe Hebe as senior traditional leader of the AbaThembu Traditional Council in Whittlesea.
The court also set aside a recommendation by the Mndende commission which upheld the claim of Sabelo Katsi as the senior traditional leader.
The battle between Hebe of AmaNgxongo tribe and Katsi of the AmaTshatshu tribe over who is the rightful leader of the council in the Hewu district started in 1997 soon after Hebe’s father, Chief Simon Hebe, died.
Chief Simon had led the area since its establishment in 1981 when AbaThembu moved to the area from Glen Grey.
The claim over leadership of the council, which includes nine widespread villages in Zweledinga, started in 2011 when Viwe took over from his mother Nosizwe Hebe in 2007.
Nosizwe was Sebe’s sister.
The royal dispute was investigated by the Mndende commission, which found in October 2013 that the rightful chief was Katsi. Then-premier Noxolo Kiviet confirmed it.
Hebe approached the courts to appeal, arguing that Kiviet’s decision was not countersigned by the MEC for traditional affairs as required by law.
Delivering judgment this week, acting judge Xoliswa Bacela agreed. “It does not appear from the record that the was informed or consulted.”
The commission had recommended to Kiviet that she uphold Katsi’s claim to the chieftainship on the basis that the land originally belonged to the Tshatshu chief Bawana, of whom Katsi is a descendant.
“In addition, historic events show that Reuben Katsi, father to the claimant, was appropriately identified and appointed as the chief of Zweledinga when AbaThembu moved back there from Glen Grey.
“On the other hand, Hebe’s chieftainship only surfaced in 1981 after the death of Katsi and conveniently and curiously after Lennox Sebe married from the Hebe family,” the committee had said.
Kiviet had said that before the chieftainship, Hebe was a businessman and member of parliament in the then Ciskei government with no known traditional leadership lineage, “and as of the Mngxongo clan, Hebe could not be a traditional leader of AbaThembu or any of the Thembu tribes such as AmaTshatshu”.
Judge Bacela found Kiviet had issued a certificate of recognition for Katsi without setting aside Hebe’s appointment.
“ recognition and appointment effectively meant that there are two senior traditional leaders in respect of the same traditional council. That being the case, her decision is set aside,” said Bacela.
She also found the Mndende commission overlooked some important and relevant documents during its investigation.
One was an affidavit filed in January 1983 by Doyle Mpuhle Jongilanga which the judge said put some perspective on the chieftaincy of AbaThembu.
According to the affidavit there were four candidates, including Reuben Katsi and Simon Hebe, and that Katsi was qualified.
“For failure to take into account relevant consideration, the Mndende commission decision falls to be reviewed and set aside,” she said.
Judge Bacela remitted the matter to the commission for consideration and ordered the premier and commission to pay costs. — lulamilef@dispatch.co.za
Bhisho appeal judge reinstates Sebe’s nephew in Hewu
The court also set aside a recommendation by the Mndende commission which upheld the claim of Sabelo Katsi as the senior traditional leader.
The battle between Hebe of AmaNgxongo tribe and Katsi of the AmaTshatshu tribe over who is the rightful leader of the council in the Hewu district started in 1997 soon after Hebe’s father, Chief Simon Hebe, died.
Chief Simon had led the area since its establishment in 1981 when AbaThembu moved to the area from Glen Grey.
The claim over leadership of the council, which includes nine widespread villages in Zweledinga, started in 2011 when Viwe took over from his mother Nosizwe Hebe in 2007.
Nosizwe was Sebe’s sister.
The royal dispute was investigated by the Mndende commission, which found in October 2013 that the rightful chief was Katsi. Then-premier Noxolo Kiviet confirmed it.
Hebe approached the courts to appeal, arguing that Kiviet’s decision was not countersigned by the MEC for traditional affairs as required by law.
Delivering judgment this week, acting judge Xoliswa Bacela agreed. “It does not appear from the record that the was informed or consulted.”
The commission had recommended to Kiviet that she uphold Katsi’s claim to the chieftainship on the basis that the land originally belonged to the Tshatshu chief Bawana, of whom Katsi is a descendant.
“In addition, historic events show that Reuben Katsi, father to the claimant, was appropriately identified and appointed as the chief of Zweledinga when AbaThembu moved back there from Glen Grey.
“On the other hand, Hebe’s chieftainship only surfaced in 1981 after the death of Katsi and conveniently and curiously after Lennox Sebe married from the Hebe family,” the committee had said.
Kiviet had said that before the chieftainship, Hebe was a businessman and member of parliament in the then Ciskei government with no known traditional leadership lineage, “and as of the Mngxongo clan, Hebe could not be a traditional leader of AbaThembu or any of the Thembu tribes such as AmaTshatshu”.
Judge Bacela found Kiviet had issued a certificate of recognition for Katsi without setting aside Hebe’s appointment.
“ recognition and appointment effectively meant that there are two senior traditional leaders in respect of the same traditional council. That being the case, her decision is set aside,” said Bacela.
She also found the Mndende commission overlooked some important and relevant documents during its investigation.
One was an affidavit filed in January 1983 by Doyle Mpuhle Jongilanga which the judge said put some perspective on the chieftaincy of AbaThembu.
According to the affidavit there were four candidates, including Reuben Katsi and Simon Hebe, and that Katsi was qualified.
“For failure to take into account relevant consideration, the Mndende commission decision falls to be reviewed and set aside,” she said.
Judge Bacela remitted the matter to the commission for consideration and ordered the premier and commission to pay costs. — lulamilef@dispatch.co.za
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