The battle for the AmaZulu throne reaches Supreme Court of Appeal

eNCA

03-06-2025

BLOEMFONTEIN - After two days of intensive legal arguments in Bloemfontein, from 28 to 29 May 2025, five Supreme Court of Appeal judges will now determine whether President Cyril Ramaphosa's recognition of Misuzulu as King of the AmaZulu Nation in March 2022 was right and proper.
The case represents more than four years of legal battles that have tested the boundaries between customary law and constitutional governance in South Africa.
The death of Prince Mangosuthu Buthelezi in September 2023 removed a key figure who had championed King Misuzulu's succession.
The Supreme Court of Appeal has reserved judgment in one of South Africa's most significant constitutional and customary law cases.
It's left King Misuzulu kaZwelithini in a precarious position within the AmaZulu Royal House. After four years of bitter legal battles that have exposed deep divisions within the royal family and raised fundamental questions about the intersection of traditional customs and constitutional governance in democratic South Africa.
The case has significant implications beyond the Zulu kingdom, as the Traditional and Khoi-San Leadership Act, which governs the recognition of traditional leaders, has come under intense scrutiny throughout these proceedings.
The legal battle stems from a succession crisis that began on 12 March, 2021, when King Goodwill Zwelithini kaBhekuzulu died from COVID-19 complications. The pivotal moment came on 14 May, 2021, when around 200 members of the AmaZulu Royal family gathered at KwaNongoma for what supporters described as a legitimate identification meeting, chaired by the traditional prime minister, late Prince Mangosuthu Buthelezi. The meeting identified Prince Misuzulu as the successor to the throne.
President Ramaphosa officially recognised King Misuzulu on 16 March, 2022, under Section 8(3)(a) and (b) of the Traditional and Khoi-San Leadership Act, following consultations with the Minister of Cooperative Governance and Traditional Affairs and the Premier of KwaZulu-Natal.
King Misuzulu subsequently underwent the traditional Ukungena Esibayeni ceremony at the KwaKhangelamankengane Royal Palace in October 2022.
However, Prince Mbonisi Zulu, the king's uncle, and Prince Simakade Zulu, the late king's other son chose to challenge the recognition. On 15 December 2023, Judge Norman Davis of the High Court in Pretoria delivered a bombshell ruling, setting aside Ramaphosa's recognition of King Misuzulu. He found that the president had failed to follow due process by not appointing an investigative committee to address disputes within the royal family.
In the Supreme Court of Appeal, President Ramaphosa's legal team, led by Senior Counsel Morumo Moerane, argued that the recognition was lawful and fully compliant with the Traditional and Khoi-San Leadership Act. "The president did not elect the king; he simply confirmed the one who was already identified," Moerane told the court. "We respectfully submit that the president's recognition decision was lawful, rational, and fully compliant with the act," he added.
King Misuzulu's representatives, led by Advocate Tembeka Ngcukaitobi, emphasised that the identification process had already been validated by Acting Judge President Isaac Madondo in March
2022 – a ruling that was never appealed or set aside. "The rule of law demands an end to this matter," Ngcukaitobi insisted, arguing that the same issues cannot be relitigated indefinitely.
However, Prince Mbonisi's legal team, represented by Advocate Thabani Masuku SC, maintained that the 14 May, 2021 meeting was fundamentally flawed. "The meeting was due to serve as a mourning ritual and not a forum during which the new king should be identified," Maskuku argued. "Custom was not followed as the Royal Family was not the one to choose the new king," he contended.
Prince Simakade's representatives, led by Advocate Alan Dodson SC, argued that he is the rightful heir as the eldest son and called for a fresh identification process.
The death of Prince Mangosuthu Buthelezi in September 2023 removed a key figure who had championed King Misuzulu's succession. Buthelezi served as traditional prime minister to the Zulu royal family from 1954 until his death. He'd played a crucial role in the controversial May 2021 identification process.
The case represents more than four years of legal battles that have tested the boundaries between customary law and constitutional governance in South Africa. The outcome will likely establish important precedents for the way disputes within traditional leadership structures are resolved and the extent of state intervention in customary succession processes.
In an effort to restore unity, King Misuzulu appointed Prince Zuzifa Buthelezi as chairperson of the royal council in April 2025.
As of 1 June 2025, the Supreme Court of Appeal has provided no timeline for delivering its judgment. King Misuzulu remains on the throne pending the outcome, with his supporters expressing confidence that the court will uphold his legitimacy.
Whatever the outcome, the case has highlighted the need for clearer procedures and better integration between customary succession practices and state recognition processes in South Africa's constitutional framework.
The eventual judgment will determine not just King Misuzulu's fate, but could reshape the way traditional succession disputes are handled across South Africa's diverse cultural landscape.
by Nkateko Muloiwa