Lerato Mbhiza
THE Gauteng High Court ruled on Monday that the recognition by President Cyril Ramaphosa of Zulu King, Misuzulu kaZwelithini as AmaZulu, was both unlawful and invalid.
Misuzulu was crowned the Zulu King last year after the death of King Goodwill Zwelithini in 2021 followed by that of the Queen Regent Mantfombi a few months after.
The court heard arguments in the royal succession battle between King Misuzulu and his half-brother, Prince Simakade Zulu, who believes he is entitled to be king.
Prince Simakade wanted the court to overturn President Cyril Ramaphosa’s recognition of King Misuzulu as the rightful heir.
His legal team ordered the meeting which declared Misuzulu as the next king to be declared unlawful as it was improperly attended by people who were not members of the Zulu royal family.
Simakade is disputing the traditional and legal processes followed to appoint Misuzulu, and his lawyers have told the court that Ramaphosa’s decision to recognize Misuzulu and grant him the relevant certificate was rushed, and unprocedural.
Judge Norman Davis ruled on Monday that the decision to issue King Misuzulu with a certificate of recognition was unlawful and invalid and was set aside.
“The matter of the recognition of the Isilo of the AmaZulu is remitted to the first respondent (Ramaphosa), who is directed to act in terms of Sections 8(4) and 8(5) of the Traditional and Khoi-San Leadership Act 3 of 2019 and to appoint an investigative committee as contemplated in that Act to conduct an investigation and to provide a report in respect of allegations that the identification of the second respondent (Misuzulu) was not done in terms of customary laws and customs.
“The first respondent is ordered to pay the applicants’ costs of their applications, including the costs of two counsels, where employed,” Judge Davis said.
Previous attempts to stop the coronation of the king were unsuccessful in February 2022 in the KwaZulu-Natal High Court, Pietermaritzburg.
Ramaphosa cited the outcome of that court process as another reason he went ahead to recognise Misuzulu as King.
Misuzulu ascended to the throne last year after the death of his father, King Goodwill Zwelithini, who ruled for over 50 years, making him the longest reigning Zulu monarch.
Ramaphosa’s lawyer, Marumo Moerane, argued that the president’s issuance of the certificate recognizing Misuzulu as the heir to the throne followed consultations with the Zulu royal family, which confirmed him as the king.
The Zulu royal house is estimated to control about 30% of the land in KwaZulu Natal province through the Ingonyama Trust.
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