Gauteng North High Court Justice AJ Haupt has instructed ANC member of parliament Mathole Motshekga’s legal team to apply for a formal postponement, in their bid to challenge the Modjadji Royal Family’s decision to appoint King-Elect Lekukela Modjadji as the next King of the Balobedu nation.
Motshekga is the foster parent of the King-Elect’s younger sister, Princess Masalanabo Modjadji.
Motshekga’s team pleaded for a postponement to February 2023, this would be a month after Masalanabo turns 18 — and argued they needed ample time to read through court documents thoroughly, following the withdrawal of Advocate Matthews Phosa from their legal team last week.
Justice Haupt objected the plea, stating that the community needs closure. Motshekga and his legal team were given until Wednesday to formally file an application for postponement, which will be heard on Friday morning.
“We applied for postponement from the bar and the Court said it cannot grant postponement in that respect, and therefore we need to apply for a [formal] postponement,” said Advocate Ngoako Moropeni.
said Advocate Ngoako Moropeni.
The Judge emphasised that the process of identifying an heir is overseen by relevant government departments, and that by merely looking at the prime facie evidence before the court, the application by Motshekga is premature. The Court however, stated it would exercise leniency and entertain the applicants as the case involves a minor, whose rights should be protected.
Motshekga noted that he is happy his counsel convinced the court for a postponement regardless of the failed postponement application from the bar.
“…our counsel was able to convince the court that we need a postponement, so that the real issues can be properly ventilated in court.”
– Motshekga.
In response, Modjadji Royal Council spokesperson Ronnie Moroatshehla responded and said that Motshekga is a persona non-grata and non-entity, who has no say in matters of the Modjadji Royal Family. Last week, the judge has already alluded to the fact that his foster parenting is self imposed. Moroatshehla expressed the council’s satisfaction in the judge’s instructions for the matter to be stood down, pending Motshekga’s formal application for a postponement.
“Motshekga should stop telling the world that the customary installation of King-Elect Lekukela Modjadji as per Khoi San and Traditional Act No. 3 of 2019 was a waste of time, when the Courts clearly told him last week, that he had no right or capacity to bring an action or to appear in a court, as a self-imposed foster parent of the Princess,”
said Moroatshehla.
The application for postponement is expected to be heard on Friday October 14, 2022 at the Gauteng North High Court in Pretoria.