Fight for Balobedu throne returns to North Gauteng High Court in Pretoria
The legal battle over the Balobedu throne resumed at the North Gauteng High Court in Pretoria on Friday, where members of the Modjadji royal family are asking the court to overturn President Cyril Ramaphosa’s recognition of Masalanabo Modjadji as the seventh Queen of the Balobedu people.
The application filed by some members of the royal family seeks judicial review of the presidential recognition. They argue that the royal succession was incorrect and want Queen Masalanabo’s brother, Prince Lekukela Modjadji, to be acknowledged as King.
The dispute centres on whether customary processes were properly followed before the President’s recognition. One of the submissions made to the court on Thursday contended that Queen Masalanabo did not undergo initiation in accordance with Balobedu customs. The allegation was countered by the Queen’s legal team.
“I mentioned that I underwent initiation under the guidance of Mrs Johanna Mokhadi, Nemokoto, Hamashau. Mme Johanna Mokhadi was the person in charge of the initiation I attended. The preparation, handing over, and guardianship for my initiation were done by Miss Julia Mabale,”
The affidavit, submitted by Advocate Lerato Phasha on behalf of the Queen, was cited in court to dispute claims that customary rites had not been followed. The affidavit names the traditional custodians involved in the initiation process.
Traditional leadership matters sit at the intersection of customary law and constitutional principles. Pretoria’s High Court will be asked to weigh evidence about local custom, the process of recognition by the Presidency, and the legal standard for reviewing such recognitions. Outcomes in such cases can have wider implications for how disputes in other traditional communities are handled legally.
- Key actors: Masalanabo Modjadji (recognised Queen), Prince Lekukela Modjadji (challenger).
- Venue: North Gauteng High Court, Pretoria.
- Legal focus: Whether customary initiation and succession processes were correctly observed, and whether the presidential recognition should stand.
Pretoria citizens who follow traditional leadership issues say the case is important not only for the Balobedu people but for legal clarity on the role of the Presidency in recognising traditional leaders. Legal analysts in the past have emphasised that courts must balance respect for customary procedures with constitutional protections, including fair administrative action and equality before the law.
| Item | Detail |
|---|---|
| Court | North Gauteng High Court, Pretoria |
| Applicant | Members of the Modjadji royal family (challenging recognition) |
| Respondent | Masalanabo Modjadji, recognised by the President as Queen |
The hearing in Pretoria is set against a backdrop of heightened attention to traditional leadership disputes across South Africa. For many communities, the identity and authority of traditional leaders are tied to land rights, customary courts and local governance. Legal rulings from Pretoria’s High Court could therefore influence both local administration and national policy on the recognition of traditional leaders.
As proceedings continue, the court will examine affidavits and customary evidence to determine whether the President’s decision should be set aside. The judges will need to consider whether the recognised process respected the Balobedu customs described in the papers and whether any administrative errors warrant judicial intervention.
The matter will remain under close watch by legal observers and by residents of the Balobedu community. For Pretoria, hosting this high-profile dispute reaffirms the city’s role as a hub for litigation that shapes customary law and its interaction with constitutional rights.
