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[FILE IMAGE] Kgoshikgolo Thulare Victor Thulare III passed away from a COVID-19 related illness at the age of 40.
The Supreme Court of Appeal in Bloemfontein in the Free State has referred back to the High Court in Polokwane, Limpopo, the battle for the Bapedi kingship.
The late king Victor Thulare the third’s mother, queen mother Manyaku Thulare, and his half bother prince Morwamohube Thulare, are fighting to be declared acting monarch.
The throne became vacant after King Victor Thulare’s death in 2021. At the time, the king had not married a candle wife or fathered an heir to the throne.
The SCA has ruled that a judge from the Limpopo division of the high court who has previously never presided over the Bapedi kingship matter should hear the matter again.
The judgement outlines areas of Bapedi customary ways that ought to be addressed through oral and expert evidence. These include who should form part of the Sekhukhune royal family that decides on who should act on the throne.
Evidence on whether the late king’s common wives and other relatives should form part of the decision makers is also expected to be heard.
The court also refused to affirm the queen mother’s recognition as acting queen.