Other side of the coin

Sunday World - - Opinion -

THE Tra­di­tional Lead­er­ship and Gov­er­nance Frame­work Act 41 of 2003 man­dates the pres­i­dent to with­draw the cer­tifi­cate of recog­ni­tion for a king whose fam­ily have de­cided to re­move him.

But the pres­i­dent is obliged to ad­here to the audi al­teram par

tem (hear the other side) doc­trine to al­low that king to state his side of the story in an at­tempt to over­turn the fam­ily ’ s de­ci­sion.

As such, the pres­i­dent never de­thrones any king, but the act of his with­drawal of the cer­tifi­cate of recog­ni­tion serves as declara­tory be­cause the de­ci­sion to re­move the king would have been taken any­way.

These are some of the le­gal facts we would have ap­pre­ci­ated from the me­dia and an­a­lysts in the case of King Dalindyebo.

If he re­spects the laws of the coun­try, the king should write back to the pres­i­dent and state the rea­sons why he should not be re­moved.

There is no need for the in­sults he has pelted at the pres­i­dent and the mo­bil­is­ing of peo­ple who do not have any­thing to do with AbaThembu is­sues.

Par­ties and in­di­vid­u­als such as the DA, IFP, the Eco­nomic Free­dom Fight­ers, Dali Mpofu and oth­ers do not de­ter­mine whether a cer­tifi­cate of recog­ni­tion should be with­drawn.

It is an is­sue of the AbaThembu royal fam­ily only.

Thus far, the pres­i­dent has fol­lowed the law to the let­ter.

The ball is now in King Dalindyebo ’ s court to show why the pres­i­dent should not con­firm the de­ci­sion of the AbaThembu royal fam­ily. Kwazi Mthembu


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