Commission’s decision on king final, court told

The royal family representing Wezizwe Feziwe Sigcau should have instituted a legal challenge to review the 2010 Nhlapo commission’s decision, which stated that Zanozuko Tyelovuyo Sigcau was the king of amaMpondo aseQaukeni.

This was the submission made in the Constitutional Court on Tuesday by the minister of co-operative governance and traditional affairs and the president of the country in opposing her bid to become queen.

Wezizwe is the daughter of the late amaMpondo aseQaukeni paramount chief‚ Mpondombini Justice Sigcau‚ who was removed as king by the decision of the commission in 2010. The commission‚ formally known as the Commission on Traditional Leadership Disputes and Claims‚ replaced him with King Zanozuko Sigcau. Following the decision‚ Mpondombini Sigcau challenged then president Jacob Zuma’s decision in relying on the amended law in giving notices to give effect to the commission’s decision.

The Constitutional Court in 2013 set aside the notices that Zuma put out, recognising Zanozuko Sigcau as king and deposing Mpondombini as paramount chief. The court’s 2013 decision was expected to settle the question of kingship.

The 2013 judgment came three months after the death of Mpondombini. His daughter, Wezizwe, believed she should be queen to take over from her father‚ following the setting aside of Zuma’s notice by the Constitutional Court.

Zuma asked the high court in 2014 for an order declaring that Wezizwe had no right to claim the position of queen.

Wezizwe Sigcau’s counsel‚ Patric Mtshaulana SC‚ told the court on Tuesday that section 9(3) of the Traditional Leadership and Governance Framework Act stated that where there was an allegation that a person identified as queen or king was not done in terms of customary law‚ the president may refer the matter to the National House of Traditional Leaders for its consideration.

However‚ Norman Arendse SC‚ for the president and the department‚ said the approach favoured by Wezizwe would result in the duplication of the task the commission undertook when it investigated the claims for kingship.

Judgment was reserved.