
Faction of Zulu royal family optimistic SCA will uphold ruling setting aside Ramaphosa's recognition of Misuzulu as king
JOHANNESBURG - A faction of the AmaZulu royal family supporting Prince Simakade says it's optimistic that the Supreme Court of Appeal (SCA) will uphold a ruling that could set into motion the dethroning of King Misuzulu kaZwelithini.
Tensions in the royal house reached breaking point after King Misuzulu was crowned as the Zulu monarch following the passing of his father, King Zwelithini and his mother, Queen Regent Mantfombi, in 2021.
Prince Simakade, who is King Misuzulu's half-brother, believes he is the rightful heir to the throne, claiming customary protocols were ignored.
In December 2023, the High Court in Pretoria set aside President Cyril Ramaphosa's recognition of King Misuzulu as king of the Zulu nation.
Less than two weeks ago, the SCA reserved judgment in the appeal over the legitimacy of the kingship.
Speaking on the matter on 702's Nguni programme, Siyaxoxa ku-702 , Prince Thokozani Zulu weighed in on what he believes needs to follow.
'We cannot take this matter back to the family for a resolution because there's a court ruling which says the Zulu family would not be able to mediate on the matter without intervention. That way, the President must step in and do what the law requires, by appointing a committee to probe and report back on the allegations that the identification process of Misuzulu was not done in terms of customary laws and customs.'
ALSO READ:
Hashtags

Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles


The Citizen
6 hours ago
- The Citizen
Education experts hail DF Malan ruling as victory for school
The SCA dismissed an appeal by four parents who challenged the school governing body's authority to rename DF Malan High School. Education experts are celebrating the Supreme Court of Appeal's landmark ruling in the DF Malan High School case, describing it as a decisive victory that strengthens school governing bodies' authority to shed apartheid-era symbols and transform their institutional identities. The judgment, passed down on 4 June, which dismissed an appeal seeking to prevent the school from changing its name to DF Akademie, has been praised by education specialists as a precedent-setting decision that empowers school communities while establishing clear guidelines for institutional transformation. 'The judgement strengthens the school governing bodies to have the autonomy they need to make decisions about renaming schools, as long as they follow a fair and consultative process. This ruling sets a precedent for other schools,' said education expert Hendricks Makatena. Rautenbach & Others v The Governing Body of die Hoërskool DF Malan & Another (073/2024) [2025] ZASCA 78 (4 June 2025) Today the Supreme Court of Appeal (the SCA) handed down judgment, dismissing an appeal against an order granted in the Western Cape Division of the High Court. — Supreme Court of Appeal ZA (@SCA_ZA) June 4, 2025 Experts see broader implications for school governance Professor Brahm Fleisch, another education expert, emphasised the judgment's significance in reinforcing democratic school governance at a time when there are concerns about legislative changes undermining governing body roles. 'I think that in many respects, it's an important judgement because it says that communities have a very significant say in shaping their own institutions, the values and the vision of the institution,' Fleisch said. 'I think this judgment essentially reminds us that South Africa continues to have a very significant piece of legislation which grants real decision-making power to school governing bodies,' he added. Makatena noted that the Supreme Court's interpretation reveals greater autonomy than previously understood. 'SCA's interpretation of the Schools Act's provisions on governance suggests that school governing bodies have more autonomy than previously thought. The court's ruling that the governing body has the implied power to change the school's name empowers schools to take ownership of their decisions.' ALSO READ: Hoërskool DF Malan wants a new, more inclusive name Fleisch highlighted how the court's reliance on constitutional principles strengthened the foundation of the judgment. The expert emphasised that the decision aligns with constitutional values of human dignity, equality, and freedom, making it consistent with the principle of 'an open and democratic society based on human dignity, equality, and freedom'. Process creates template for future cases Education specialists see the ruling as establishing a clear roadmap for other schools considering similar transformations. Fleisch explained that 'the judgement officially created a process and logic of reasoning should this issue occur in any other school… basically what the judgement does is it provides the rationale, and the overall logic that would need to be followed if another school wanted to change its name.' Makatena predicted the judgment will influence how institutions approach change: 'The judgement may influence schools to approach renaming or revising symbols with caution, ensuring that they engage in comprehensive consultation processes and consider the impact on their communities. Schools may prioritise contextual understanding and stakeholder engagement when making decisions about their names and symbols.' ALSO READ: 'Using k-word is illegal': Northern Cape teacher fired for racist outburst loses reinstatement battle External facilitation model endorsed The experts praised the use of independent facilitation in the DF Malan case, with Makatena noting that 'usually, external facilitators bring knowledge and skills to manage complex decision-making processes.' He added that 'bringing in an external facilitator particularly facilitated that trusted by all parties is often away which potential disagreement can get resolved amicably.' This approach, overseen by experienced mediator Di Jan Frederick Marais, included group discussions focused on the school's identity and core values, leading to the May 2021 decision that the original name conflicted with the school's Christian ethos and inclusivity policy. Procedural fairness standards clarified Addressing concerns about consultation processes, Makatena emphasised that 'the court's finding confirms that schools should prioritise transparency and fairness when making decisions that affect their communities.' The Supreme Court found that minimum requirements under the Promotion of Administrative Justice Act were met through detailed stakeholder invitations, unbiased facilitation, and broad community engagement. The court's acceptance of the 'saturation point' approach, where consultation ended when no new perspectives emerged, provides guidance for future processes while ensuring comprehensive community input. Message to educational institutions Education experts believe the ruling sends a powerful message about institutional reflection and transformation. 'This judgement sends a message to schools and educators about the importance of reflecting on their institutional identities and values,' Makatena observed. Fleisch described the name change as representing a careful balance between preservation and modernisation: 'The decision about the school name is an attempt on the part of the school governing body to preserve the legacy of the school and the memory and the communities reputation of school. 'The school was trying very hard to find a mechanism of preserving the community and belief and commitment to the school, but also to modernise the school name in a way that addresses some of the most egregious parts of the historical name of the school.' ALSO READ: Education department clears the air on school calendar 'changes' Impact on decolonisation discourse The experts see the judgment as contributing positively to broader educational transformation efforts. 'The judgement contributes positively to the discourse about decolonisation,' Makatena concluded, while Fleisch noted that the decision reinforces the importance of schools being 'mindful of the context and changing context within school.' DF Malan school case background The Supreme Court of Appeal dismissed an appeal by four parents who challenged the school governing body's authority to rename DF Malan High School, which had borne the name of the apartheid architect since its establishment in 1954. The court found that governing bodies possess implied power under the South African Schools Act to rename schools, and that the consultative process met all procedural requirements. The ruling, delivered with costs including expenses for two counsel, establishes that school communities have the democratic authority to transform their institutional identities while following fair and comprehensive consultation processes. READ NEXT: Department scrambles to fix curriculum chaos at Gauteng school after delayed start


The Citizen
10 hours ago
- The Citizen
Judge offers to recuse himself from Senzo Meyiwa murder trial after racial remarks
Judge Ratha Mokgoatlheng publicly apologised for his conduct in court. Judge Ratha Mokgoatlheng during the Senzo Meyiwa murder trial at Pretoria High Court on 17 July 2024. Picture: Gallo Images/Phill Magako Judge Ratha Mokgoatlheng has apologised for his controversial racial remarks and says he is prepared to recuse himself from the Senzo Meyiwa murder trial. His apology follows widespread public backlash, including criticism from parliament. The controversy erupted after Mokgoatlheng harshly criticised Advocate Charles Mnisi, who had excused himself from Monday's session to participate in the Comrades Marathon in KwaZulu-Natal (KZN). The judge's comments included a strong condemnation of black lawyers, during which he said: 'This is what happens in a South Africa run by blacks. I can tell you now, even if you call Uncle Tom, I don't think a white advocate will ever have the gall to ask me that.' His remarks prompted calls for the Judicial Services Commission (JSC) to investigate his conduct. Senzo Meyiwa murder trial judge apologises During proceedings at the Gauteng High Court in Pretoria on Monday, Mokgoatlheng publicly apologised for his remarks. 'I have been 26 years on the bench, I have never ever behaved the way I did,' the judge said. He explained that Gauteng High Court Judge President Dunstan Mlambo had reprimanded him, stating that his behaviour was 'not befitting' for someone of his experience and stature. 'I agreed. My conduct was questionable and incorrect. My wife also told me to apologise to the whole of South Africa,' Mokgoatlheng said. 'I wish to tender my sincere apologies. It's contrary to my nature to do that.' ALSO READ: Justice committee chair slams Mokgoatlheng's 'unfortunate' comments in Meyiwa trial He shared that his son, an advocate who recently passed away from cancer, would have been disappointed by his behaviour. 'I heartily and unreservedly apologise to my colleagues and to the accused.' Responding to accusations of racism, Mokgoatlheng briefly reflected on his past as an anti-apartheid activist. 'If people say I am a racist, maybe I'm not aware of that, but if I trampled on anybody's toes because of my racism… I wish to apologise for being a racist. 'I'll try and mend my ways, but I can tell you it's not a conscious thing about me to be a racist.' Judge to recuse himself from Senzo Meyiwa murder trial? He went on to address the accused directly, saying he would step down from the case if they doubted his fairness. 'The gentlemen in front of me, if you believe that, as a judge, I'm useless, dumb [or a] moegoe, and you think you can't get a fair trial from me, please tell me I will recuse myself. 'I don't want to impose myself on people who doubt my integrity, honour and dignity. And I mean it.' READ MORE: 'No proper investigation was done': Defence frustrated over missing evidence in Senzo Meyiwa murder trial The judge also extended his apology to political leaders. 'I'm told that the politicians are worried about me and want to summon me to Parliament. Don't know for what.' This is not the first time Mokgoatlheng has faced criticism over his remarks. He previously issued an apology following comments about black lawyers, made while criticising the late defence lawyer Thulani Mngomezulu for his absence. Charges Five accused – Muzikawukhulelwa Sibiya, Bongani Ntanzi, Mthokoziseni Maphisa, Mthobisi Mncube, and Fisokuhle Ntuli – are on trial for Meyiwa's murder. The former Bafana Bafana captain and Orlando Pirates goalkeeper was fatally shot on 26 October 2014 while visiting his then-girlfriend, singer Kelly Khumalo, at her family's home in Vosloorus, Ekurhuleni. The accused have been charged with murder, attempted murder, robbery with aggravating circumstances, possession of an unlicensed firearm, and possession of ammunition. The suspects have pleaded not guilty. NOW READ: 'That is the law': Judge intervenes as lawyers squabble in Senzo Meyiwa murder trial


Eyewitness News
12 hours ago
- Eyewitness News
Faction of Zulu royal family optimistic SCA will uphold ruling setting aside Ramaphosa's recognition of Misuzulu as king
JOHANNESBURG - A faction of the AmaZulu royal family supporting Prince Simakade says it's optimistic that the Supreme Court of Appeal (SCA) will uphold a ruling that could set into motion the dethroning of King Misuzulu kaZwelithini. Tensions in the royal house reached breaking point after King Misuzulu was crowned as the Zulu monarch following the passing of his father, King Zwelithini and his mother, Queen Regent Mantfombi, in 2021. Prince Simakade, who is King Misuzulu's half-brother, believes he is the rightful heir to the throne, claiming customary protocols were ignored. In December 2023, the High Court in Pretoria set aside President Cyril Ramaphosa's recognition of King Misuzulu as king of the Zulu nation. Less than two weeks ago, the SCA reserved judgment in the appeal over the legitimacy of the kingship. Speaking on the matter on 702's Nguni programme, Siyaxoxa ku-702 , Prince Thokozani Zulu weighed in on what he believes needs to follow. 'We cannot take this matter back to the family for a resolution because there's a court ruling which says the Zulu family would not be able to mediate on the matter without intervention. That way, the President must step in and do what the law requires, by appointing a committee to probe and report back on the allegations that the identification process of Misuzulu was not done in terms of customary laws and customs.' ALSO READ: