Other side of the coin
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the Economic Freedom Fighters, Dali Mpofu and others do not determine whether a certificate of recognition should be withdrawn.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
)++ ) 7 #