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Case file s624 · Egypt and Africa · 2001
2001
Tzaneen tea plants: Tea plantation in Tzaneen, South Africa. August 2003.
Tzaneen tea plants. Rob Hooft. CC BY-SA 3.0, Wikimedia Commons.
Died
1 October 2001 (Hosi Malathini Richard Nwamitwa)
Place
Nwamitwa, near Tzaneen, Limpopo, South Africa
Field
Traditional leadership
Legal tradition
Valoyi customary law of chiefly succession (male primogeniture), section 211 of the South African Constitution · Customary law
Historical event
Post-1994 constitutional order and the recognition of traditional leadership

South Africa's Constitutional Court upheld the Valoyi community's choice of Tinyiko Shilubana as its first woman Hosi in 2008

Hosi Fofoza Nwamitwa, chief of the Valoyi traditional community in Limpopo, died on 24 February 1968 without a son. Succession followed male primogeniture, so his eldest daughter, Tinyiko Shilubana, was passed over and his younger brother Richard became Hosi. On 22 December 1996, with Hosi Richard taking part, the Valoyi Royal Family resolved that under the new Constitution a daughter could be heir, and conferred the chieftainship on Ms Shilubana. On 17 July 1997 Hosi Richard acknowledged her as heiress before the Chief Magistrate and 26 witnesses. A letter he wrote on 25 February 1999 was read by the lower courts as withdrawing that support. He died on 1 October 2001. The Royal Family confirmed Ms Shilubana again, and the province approved her appointment from 22 May 2002. Richard's eldest son, Sidwell Nwamitwa, interdicted her inauguration set for 29 November 2002. The Pretoria High Court and the Supreme Court of Appeal found for him. On 4 June 2008 the Constitutional Court, in a unanimous judgment by Van der Westhuizen J, reversed both. It held that traditional authorities may develop their own customary law, and that Mr Nwamitwa had no vested right to be Hosi. Ms Shilubana was installed at Nwamitwa village near Tzaneen on 4 September 2008. She died in a Johannesburg hospital on 9 February 2026, aged 85, and received an official provincial funeral at the Valoyi Cultural Village on 22 February 2026. No successor was named in the sources checked†.

What the law took from it

A family or community that changes who inherits a title or asset should record the decision in writing, before witnesses and the authorities, while the current holder is alive.

Record vs. record

Her age at death is 85 in South African government reporting ( and 86 on Wikipedia (

Sources
  1. collections.concourt.org.zaCourt record
  2. collections.concourt.org.zaCourt record
  3. sanews.gov.zaGovernment record
  4. limpopo.gov.zaGovernment record
  5. mg.co.zaPress

Cite as: celebrity.estate, “South Africa's Constitutional Court upheld the Valoyi community's choice of Tinyiko Shilubana as its first woman Hosi in 2008,” story s624, https://www.celebrity.estate/shilubana-valoyi-2001, updated 30 October 2026.

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