A Venda chief has been ordered to stop building a tourist lodge next to a waterfall, which a local community believes is sacred and is home to their ancestors.

The court order is a major victory for the Ramunangi clan who are the custodians of several sacred sites in the remote north-eastern corner of the country.

But the clan is up against a powerful local chief, Jerry Tshivhase, who has disputed their claim and has already dug up part of the waterfall site.

Last month, The Times reported on the clan's three-year battle for the recognition of their rights to the area.

This week's decision by the Limpopo High Court compels Tshivhase to stop all building activities at the site or risk arrest for contempt of court. The court granted an interim interdict effective for 20 days, allowing the Ramunangi clan enough time to finalise their court challenge to gain control of the site.

"This is a victory for the 'small people' and for the right to practise your traditional culture, which is a constitutionally enshrined right," said the clan's lawyer, Roger Chennels.

"They were up against a powerful king and [the court ruling] shows that the king is not above the law."

He said the ruling was a major relief for the Ramunangi, who claim to have been "bullied" by Tshivhase and his associates. Tshivhase has continued building at the site despite several pleas for him to stop.

The dispute has been simmering since June 2008 when the Ramunangi heard rumours of the planned tourism development.

They asked Limpopo provincial government officials to intervene, but were told that the project was the responsibility of Chief Tshivhase.

After clan representatives approached the chief, councillors at the Venda royal palace told them they had no rights over the land because it belonged to the Tshivhase tribe.

In April, earth-moving equipment began clearing the site, and work started on chalets and rondavels.

Tshivhase's lawyer, Anton Ramaano, yesterday confirmed he was aware of the interdict but declined to comment.

Chennels said three government departments involved in the case indicated they would respect the court's decision, but it remained to be seen whether Tshivhase would abide by it.

"If they go ahead [with building], we would sue them for contempt of court. We wrote numerous times to try and get them to consult and they were so arrogant they never ever responded," Chennels said.