Chief Lembelele 10 cattle
under Chief Lembelele. Chief Lembelele filed a confirmatory affidavit supporting Mdluli, saying he authorised him to build on the land.
Nzima Attorneys had instructed advocate Lucas Maziya in the matter.
Chief Ndzimanye was represented by Tholi Vilakati from the Attorney General’s Office. Vilakati submitted that His Majesty King Mswati III had ruled that Mhlabubovu fell under the LaMgabhi Chiefdom in 1991.
He argued that Chief Ndzimanye had a clear right over the area, by virtue of being the chief.
Affidavits
He also filed affidavits of the then Chairman of Liqoqo, Prince Logcogco, and the Manzini Regional Administrator, Prince Masitsela, who both confirmed that the area fell under LaMgabhi as it was the decision of the King.
“I state that Luyengweni area does not include Mhlabubovu, because between Luyengweni and LaMgabhi Chiefdoms, there is Mdonjana Chiefdom, which is under Chief Mphikeleli Shongwe,” Chief Ndzimanye submitted in his affidavit.
Advocate Maziya, in response, submitted that King Sobhuza II had made a decision in 1947 that Mhlabubovu was outside the LaMgabhi area. He claimed that the ruling was made following a dispute in which the then, Chief Ndzimanye, had allegedly encroached on the Mhlabubovu area.
“I wish to state further that prior to July 1988, Luyengweni area was under Chief Mandanda Mtsetfwa of Zombodze and the late Indvuna Mbutfo Makhubu. In July 1988, Luyengweni, with its sub-areas including Mhlabubovu, were placed under the Luyengweni Chiefdom at the command of Her Majesty Indlovukazi Dzeliwe,” read Chief Lembelele’s affidavit at the time.
He further claimed that the area in dispute had never been repartitioned since then, nor was it placed under the LaMgabhi Chiefdom.
Vilakati argued that the 1947 decision by King Sobhuza II should be disregarded, because it never specified which area it was referring to. The High Court asked if one King could overrule another on a conflicting issue, assuming that King Sobhuza II ruled in favour of Chief Lembelele in 1947.
Decision
“The present King can change a decision made by an earlier King. It is our submission that King Sobhuza II never decided the matter. The letter purportedly signed by King Sobhuza II is not legible and it is not clear that it was signed by him,” Vilakati said.
He also submitted that the said letter did not bear the Coat of Arms or letterhead, as is the case with letters written by Their Majesties. He also said the letter was not addressed to Chief Lembelele or any chief of Luyengweni, but referred to ‘Hulumeni’, ‘who was never chief of Luyengweni.’
Chief Lembelele, in his affidavit, alleged that he personally had met with His Majesty King Mswati III in October 2006 regarding the dispute. He claimed that he had gone to report that Chief Ndzimanye had encroached into Mhlabubovu, which was under his jurisdiction. He alleged that the King referred the matter to Prince Tfohlongwane, the then-Liqoqo Chairman. He claimed that it was decided that LaMgabhi ended at Nhlengenhlenge.