Legal threat by deposed chiefs

ABATHEMBU King Buyelekhaya Dalindyebo wants the Eastern Cape premier to nullify the results of a commission that decided on chieftaincy and headmanship disputes.

Kiviet yesterday pronounced on 21 traditional disputes that had been considered by the Commission on Traditional Leadership Disputes and Claims.

The commission was led by Dr Nokuzola Mndende.

Those deposed are now threatening legal action.

This was the second round of the pronouncements after the provincial commission was establishment in 2011 to probe the authenticity of chiefs and headmen in the Eastern Cape.

Before pronouncing on the outcomes, Kiviet appealed for cool heads before being locked in consultations with the feuding parties.

The announcement was attended by Xhosa King Mpendulo Sigcawu, Dalindyebo, Western Thembuland regent King Gwazinamba Matanzima and Eastern Cape House of Traditional Leaders chairman Ngangomhlaba Matanzima.

Dalindyebo handed a petition to Kiviet, calling for the outcomes of the commission to be nullified. He said the various kingdoms first had to verify the claims.

“The understanding of AbaThembu nation is for these pronouncements to be made on the ground and not in town halls before the kingdoms have been given the right to ... make a submission...

“The flawed nature of conducting these investigations leaves very much to be desired,” he said.

“How does the commission reach finality without a word, position, status and recommendation of the kingdom under which the dispute falls?”

Kiviet said the aim of the commission was to flush out the “chancers” who submitted claims to be paid by the government despite not being legitimate traditional leaders.

“Because there are rewards, those who know they have no claim take chances. I am still saying that.

“I was not aiming to insult but highlighting the truth,” said Kiviet.

Yesterday, chiefs and headmen who had been in traditional leadership positions for years were deposed.

Many slammed the commission’s credibility and outcomes, and threatened to challenge them in court.

They accused the commission of sowing further divisions among traditional authorities by failing to consult with the various kings under whose jurisdictions the chiefs and headmen being investigated resided.

Prince Mlamli Ndamase, spokesman for Western Pondoland King Ndamase Ndamase, said any conclusion without consultation undermined traditional authority. “The views of the kings must be taken into consideration, despite being scrutinised. This process is creating a Berlin Wall among the kings and their subjects,” he said.

However, those who were announced as legitimate leaders expressed relief at retaining or reclaiming their traditional authorities.

There were a variety of disputes, including those claiming chieftaincy despite being born out of wedlock and family members fighting over who should lead.

Kholisile Siyoyo, who has been acting as the chief of nine administrative areas under Macwerheni Traditional Council in Ntabankulu, was deposed and a relative, Sizwe Siyoyo, was declared the legitimate chief.

Kholisile described the outcome as “unsatisfactory” and immediately instructed his lawyers to file court papers challenging the decision.

The dispute over chieftaincy has been ongoing since the death of Ngangomhlaba Siyoyo on December 30 1999.

Tensions resulted in violence that claimed the life of headman Fanele Mdini in 2008. Kholisile said the pronouncement yesterday could lead to a volatile situation among villagers.

“We don’t welcome the results. We reject them with the contempt they deserve,” he said.

Sizwe, however, said he was happy with the outcome.

“I am thrilled. I have to unite the nation of AmaChwerha,” said Sizwe, who was Ngangomhlaba’s brother.

In another Siyoyo matter, Mongezi Siyoyo won after he challenged the headmanship of Jackson Gqwede, who had ruled Dumsi village since 2008.

Both Mongezi and Sizwe expressed happiness and said the commission had worked hard to unearth the truth in these two cases.

In another case in Centane, Button Nkente was relieved to reclaim the headmanship of his late brother, Vuyisile Nkente after Ganda Toto, from the Ngqusi area in Centane, was “wrongfully appointed” 31 years ago.

“The commission has done a very good job. I am very happy. This dispute has affected my whole life. I don’t have words to describe how happy I am,” said Nkente. — loyisom@dispatch.co.za / lulamilef@dispatch.co.za