Battle for the Zulu throne goes back to the high court
After the high court ruled that President Cyril Ramaphosa’s recognition in 2023 of King Misuzulu kaZwelithini as the king of the Zulu nation was unlawful, some family members want the judgment overturned, and returned to court on Tuesday to ask for leave to appeal.
The 2023 judgment ordered Ramaphosa to appoint an investigative committee but key members of the royal family want the matter given back to the family.
Now all the parties are asking Pretoria high court judge Norman Davis for permission to bring the case to the Supreme Court of Appeal (SCA) or a full bench of the high court.
In December, Davis ruled in the complex matter, which stems from disputes over the rightful heir to the Zulu throne.
ORIGINS OF THE DISPUTE
In March 2021, King Goodwill Zwelithini died, having served one of the longest reigns on the throne. In May of that year, the royal family convened a meeting of about 130 people, where Misuzulu was identified as the new king by the traditional prime minister to the AmaZulu, Prince Mangosuthu Buthelezi. Buthelezi died last year.
This meeting is a central source of dispute, as princes Mbonisi and Simakade claim it did not comply with Zulu custom or the Leadership Act. As a result, Misuzulu could not be the king, they claim.
These disputes were brought before Ramaphosa, who convened a mediation panel to investigate independently.
There were also challenges in the Pietermartizburg high court by various members of the royal family, including Mbonisi. Judge Isaac Madondo handed down judgment in 2022, finding that “there is no contender to the throne who professes or is professed to have a better right, entitlement or title to succeed to the throne than Prince Misuzulu”.
Soon after, Ramaphosa received a letter from Buthelezi that, effectively, said all procedures had been adhered to in terms of custom and there were no serious objections to recognising Misuzulu.
Ramaphosa officially recognised Misuzulu in March 2022.
Mbonisi and Simakade brought a new challenge before Davis, arguing Ramaphosa had unlawfully recognised Misuzulu because there was still a dispute before the president.
In terms of law, they said, the president could not recognise a new successor while any dispute or allegation existed. In December 2023, Davis agreed.
He ordered that Misuzulu’s recognition be set aside and that Ramaphosa appoint an investigative committee to resolve the issue. The committee is to probe and report back on the allegations that the identification process of Misuzulu was not done in terms of customary law and customs.
It is this judgment against which the parties sought leave to appeal on Tuesday, again before Davis.
LEAVE TO APPEAL
Mbonisi argued in court papers that Davis “should have found that the unlawful conduct of the president was so egregious as to require a remedy of remittal to the AmaZulu royal family”.
He noted that the president’s powers are “limited” and Ramaphosa, in effect, merely has to sign off on the successor identified by the family. As a result, the matter should be started afresh with the family, following customary processes.
Ramaphosa claims the supposed “allegation or evidence” made by other royal family members was not presented “in accordance with customary law and customs”. As a result, there was no reason for him not recognise Misuzulu.
Misuzulu said that Davis acknowledged he (Davis) was bound not to interfere with Madondo’s high court ruling in 2022. However, despite saying this, he still deviated, Misuzulu said. Madondo’s findings “are binding on all parties, including [Davis]” and Madondo had not found any irregularity.
WHAT HAPPENS NOW
After being presented with these arguments, Davis will have to decide whether another court could find differently from his own ruling.
If granted leave, the parties would argue either at the SCA or before a full bench.
Recently, KwaZulu-Natal premier Nomusa Dube-Ncube announced a R79m budget allocation for the royal family, a R12m increase from the previous financial year. DubeNcube’s office said in a submission to the provincial treasury that it projects overspending by R59.4m in the financial year ending March 2024. Part of this is R20m in legal fees over this and related disputes.