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King Phahlo Royal Family and Another v Molosi and Others (3501/2019) [2020] ZAECMHC 1

17th January 2020

Click here to read the full judgment on Saflii

[1] This matter concerns the incumbency of the kingship of AmaMpondomise.  The history of the kingship of AmaMpondomise is very long as it dates back before the 13th century.  There are no historical records that I am aware of that were written in the 13th century and before.  The historians that have written on the subject would have written based on the oral traditions of story-telling from generation to generation much later.  An element of doubt on whether the facts so recorded have in fact been accurately recorded, even by the historians themselves would be justifiable especially if one assumes that communication might have been facilitated through interpretation due to possible language differences in some instances.  For these reasons and many others, the history of this matter, including its recorded format is extremely convoluted. 

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Background

[2] Brooks J dealt with some of the issues in this matter - and he has summarised very succinctly some of the history of the AmaMpondomise kingship in Matiwane[1].  Because of the interconnectedness of this matter with Matiwane, I do consider it necessary to start where Matiwane ended which resulted in these proceedings. 

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