PHOTO: Advocate Mathole Motshekga
Source: Gallo Images
Justice AJ Haupt sat over proceedings on Friday at the Gauteng North High Court in Pretoria, to preside over an application brought forward by ANC member of parliament Mathole Motshekga — opposing the Modjadji Royal Family’s decision to appoint King-Elect Lekukela Modjadji, as heir to the Balobedu throne.
The matter was previously heard on Monday and postponed to Friday after Motshekga’s application for postponement from the bar, was dismissed with costs. Motshekga’s Counsel Advocate Ngoako Moropene was instructed to file a formal postponement application by Wednesday, for the matter to be heard on Friday.
Moropene complied with the Monday ruling and a postponement application was heard on Friday morning.
In the proceedings which took place on Friday morning, the court found a conflict of interest and stripped Motshekga off his legal representation the minor Princess. An independent legal team from Centre for Child Law in Pretoria, was appointed by the court as new legal representatives for the minor Princess. The Centre deals with the rights of children, to ensure that national laws and institutional systems recognise, respect, promote, and protect the rights of minors.
After hearing arguments for both sides, the application was dismissed with costs awarded to the Royal Council. The court granted postponement, in the interest of justice and the minor Princess.
Justice Haupt’s order referred the case to the office of the Deputy Judge President A Ledwaba, for a special court hearing. The ruling instructed both parties to jointly approach Judge Ledwaba and agree on a date at their earliest convenience, but no later than December 2022.
Finally, the court ordered that no further postponements should be granted on this matter, as the community urgently needs closure.
The ruling is a plus to our endeavour in multiple respects as the Royal Family. We are ecstatic that after lengthy court battles spanning over a decade, we are finally going to hear the voice of our Princess, whom we have been denied access to — through an independent legal representative.
Said Modjadji Royal Spokesperson, Ronnie Moroatshehla.
We are not entirely happy even though the Judge has granted a postponement, the Judge travelled beyond what was before her when making an order unrelated to Dr. Motshekga’s application for postponement. We are [therefore] continuing with our Review Application because victory is certain. We are going to win this case dark or blue.
– Moropene
Though the Royal Family maintains they are satisfied with the appointment of an independent legal team, they have voiced grave concern regarding the custody of the minor Princess.
That Motshekga remains foster parent whilst the Princess is accorded independent legal representation remains a concern and might need serious reflection by the court. We will, however, take this matter to our legal team for advice,
said Moroatshehla
Moropene adamantly stated that the Judge [has] erred in this respect, and that he cannot at this stage express whether he has faith in the appointed independent legal team to win the case, because it is Motshekga who filed for the application on behalf of the minor as the foster parent; not an independent legal team appointed by the court.
We are still considering the consequences of this order and what impact this would have to the case and Dr Motshekga ‘s constitutional right to represent the minor Princess in terms of Section 38 of the Constitution. We will decide what next cause of action to take to correct that particular decision because it is wrong.
Moropene emphasised.
Meanwhile, there was mayhem outside the court where disgruntled community members picketed outside the court booing Motshekga and his team while they made their exit. Motshekga ducked and dived the crowd, as they chanted “Motshekga Must Fall”, labelling him a crook and thief, who must return the Princess home.
Speaking to Mopani Times, Moroatshehla responded to allegations made through social media platforms that the Royal Council rented a mob to intimidate Motshekga.
People have a constitutional right to attend court proceedings, both as individuals and or a collective. Arrangements and group attendance, let alone demonstrations outside court is no initiative of ours. This matter has attracted a lot of media attention and public interest, and we are trying our level best to contain the parameters.
– Moroatshehla.
Moropene says he was not heckled because he came with his personal VIP Protection Services which he posted on social media platforms. He says he acquired these services “to deal with errant minions as it was expected that some hooligans would be bussed to the Court to [intimidate] us,” adding that this is not the first big case he has dealt with.
Source: Facebook
The team is collating videos and pictures of what had transpired on Friday so that it can make an informed decision whether or not to take legal actions against the culprits. Obviously, some people are going to be arrested for intimidation and also for engaging in an illegal protest. They must be thought a lesson.
– Moropene.
This case as the judge initially stated, is as sensitive and emotional. Ours is a court battle to protect the Modjadji Monarchy and its sanctity.
— Moroatshehla
Moropene indicated for people not to be too excited about this judgment, saying they must hold their horses as there is still a long way to go. “This case is going to be won by us and not the purported independent legal team.”
Members of the Modjadji Royal Council marshalled by Moroatshehla emerged, and the crowd burst into a song titled Ga-Modjadji Motsemoholo (Ga-Modjadji — The Great Empire), considered by many as the Dynasty’s national anthem. The masses cheered as Moroatshehla provided a brief overview of the judgement before a peaceful dispersal.