http://lephalaleexpress.co.za/2018/05/11/judge-rejects-ousted-kgosi-selekas-appeal/
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Protesters holding a huge placard outside Polokwane High Court in support of axed chief Phetogo David Seleka. Pic supplied

Judge rejects ousted Kgosi Seleka’s appeal

The Polokwane High Court has on Friday dismissed dethroned Kgosi Phetogo David Seleka’s application to appeal against the judgment to oust him from the position of authority.

The court has dismissed the application with costs.

While the Royal Family, opposed to his rule welcomed the decision by Judge MG Phatudi, the rejection of the appeal didn’t dampen the spirit of the thousands of his supporters who vowed to take the matter to the highest court in the land.

An attorney who is also a member of the Royal Family, Peter Seleka told Lephalale Express Online News the axed chief’s application to stick to power has bombed dismally in light of the fact that he has no legitimate ground to appeal.

“Regardless of whether he goes to the Constitutional Court, he won’t win. This case is done and tidied,” said [the attorney] Seleka.

He said the application was dismissed with costs, adding that the former acting chief now needs to personally pay four legal advisors, two advocates, and attorneys.

Protesters who demand their chief back showed solidarity by traveling with him to hear the case, yet some couldn’t go into the courtroom as space was reserved to accommodate few people.

Shortly after the court proceeding, the group posted on social media to urge communities in 24 villages to assemble at the community hall in Ga-Seleka to inform them about the outcome of the appeal.

They resolved in a meeting to soldier on and take the matter to the Supreme Court of Appeal in Bloemfontein.

Background

The Royal Family had earlier during court appearance argued that the acting chief undermines their authority, custom, and tradition, thereby bringing the chieftaincy into disrepute.

“This he illustrated by introducing his friends who are not part of a core customary structure of the royal family to run the administrative affairs in his stead,” they argued in court papers.

According to the court records, litigant, Limpopo Premier Stanley Mathabatha was requested to withdraw a certificate of recognition issued to the fourth responded, acting Chief Phetogo David Seleka.

Mathabatha must distribute a notice with the subtle elements of Phetogo Seleka in the Provincial Government Gazette immediately after he is unseated as acting Kgosi.

The ousted acting Chief is prohibited from ambushing or submitting dangers of the strike and mocking on individuals from the offended party as well as any individual from Ga-Seleka Community.

“Dismissed acting Kgosi Phetogo Seleka is requested to return to the community all books of accounts, financial records, cheque books and comparable lawful instruments in his possession immediately upon the granting of this order for his removal. He is personally requested to pay litigation and expenses for work done by an attorney,” added the judgment

Axed Kgosi Phetogo David Seleka (brown jacket) talking to his supporters outside Polokwane High Court shortly after he lost an appeal. Pic supplied

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