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The battle for the AmaZulu throne reaches Supreme Court of Appeal
The battle for the AmaZulu throne reaches Supreme Court of Appeal

eNCA

timea day ago

  • Politics
  • eNCA

The battle for the AmaZulu throne reaches Supreme Court of Appeal

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

AmaZulu Traditional Prime Minister confident Zulu royal family will soon unite
AmaZulu Traditional Prime Minister confident Zulu royal family will soon unite

Eyewitness News

time5 days ago

  • Politics
  • Eyewitness News

AmaZulu Traditional Prime Minister confident Zulu royal family will soon unite

BLOEMFONTEIN - The Zulu traditional prime ministry is confident the Zulu royal family will soon unite and put their differences aside. This, as members of the royal family, still do not share a common opinion on the kingship. Some want the king's older brother, Prince Simakade, to become king, while some remain adamant that Misuzulu kaZwelithini is the rightful heir. ALSO READ: - Judgment reserved in Ramaphosa's appeal matter on recognising King Misuzulu as Zulu heir - Prince Mbonisi says late King Zwelithini's siblings stripped of right to identify next Zulu king - Zulu regiments call on opposing factions to unite under King Misuzulu to achieve stability Disputes on the succession have once again played out in the courts as the Supreme Court of Appeal (SCA) heard arguments over two days on the identification of the king. For the past two days, the succession matter of the Zulu family was subject to the court. This time around, arguments focused on whether King Misuzulu was properly recognised by government. In December 2023, the Pretoria High Court invalidated the king's recognition, and this sparked more legal challenges, with the SCA approached to reverse the High Court, while some wanted the ruling to continue. Meanwhile, a cordial mood demeanour was displayed between opposing factions in the royal family. Traditional Prime Minister Inkosi Phathisizwe Chiliza said this is a good sign. 'There will be peace in the royal family. If you can see here in court, besides the fact that some were sitting on different sides, but when they were singing, they were singing together.' Chiliza said that whatever the outcome will be on the appeal, unity will still prevail.

King Misuzulu recognition: Prince Mbonisi wants throne battle to be referred back to Zulu royal family
King Misuzulu recognition: Prince Mbonisi wants throne battle to be referred back to Zulu royal family

The Citizen

time5 days ago

  • Politics
  • The Citizen

King Misuzulu recognition: Prince Mbonisi wants throne battle to be referred back to Zulu royal family

The prince's lawyer asked for President Cyril Ramaphosa's appeal to be dismissed with costs. King Misuzulu kaZwelithini with President Cyril Ramaphosa at the unveiling of the King Shaka statue in Durban on 7 November 2024. Picture: Gallo Images/Siyabonga Sokhela The lawyer for Prince Mbonisi Zulu, the brother of the late Zulu King Goodwill Zwelithini kaBhekuzulu, says the ongoing royal succession saga should be sent back to the Zulu royal family to restart the identification process. The Supreme Court of Appeal (SCA) on Thursday continued hearing arguments in an application for leave to appeal, filed by President Cyril Ramaphosa. The president is seeking to overturn a 2023 ruling by the Gauteng High Court in Pretoria that declared his recognition of King Misuzulu kaZwelithini as unlawful. King Misuzulu ascended to the throne following the deaths of King Zwelithini and Queen Regent Mantfombi Dlamini in 2021. Ramaphosa then officially presented King Misuzulu with a certificate of recognition at Moses Mabhida Stadium in Durban, KwaZulu-Natal (KZN) on 29 October 2022. Prince Mbonisi challenges Ramaphosa's recognition of King Misuzulu The president's legal team argued On Wednesday that he acted within the provisions of the Traditional and Khoi/San Leadership Act when recognising King Misuzulu. The recognition followed a KZN High Court decision, which found that King Misuzulu's identification –based on a royal family meeting held on 14 May 2021 – complied with Zulu customary law. However, Prince Simakade Zulu challenged the legitimacy of that meeting, stating that it had been convened under false pretences. He claimed the identification process, therefore, failed to adhere to customary law. Prince Mbonisi's legal representative, Advocate Menzi Simelane, expressed similar concerns in court on Thursday. Simelane told the SCA bench that the late king, while a monarch, was first and foremost the head of his own household – comprising himself, his wives, and his children. ALSO READ: AmaZulu throne battle: Ramaphosa argues he recognised King Misuzulu, not appointed him Therefore, the customs and rituals specific to his immediate family must be observed just as much as the broader traditions of the Zulu nation. He argued that if proper customary procedures had been followed, Prince Mbonisi and his siblings would not have been excluded from their role in the process of identifying the next king. 'The case being made is that in our own family, Prince Mbonisi, being the most elder now that the king has since been deceased, could not lead that family in the manner that custom dictates for the sole reason, and no other, that there were other participants who got themselves involved in those processes and things turned out the way that they turned out. 'But by Zulu customs strictly, everybody should have observed the leadership in that house, in that family, in the same way that it happens in every other clan,' Simelane said. Watch the court proceedings below: He called for Ramaphosa's appeal to be dismissed with costs and requested that the dispute be sent back to the royal family to begin the identification process anew. 'The point would be 'what should happen then', the matter would be referred to the appropriate place, which is the Zulu royal family, to do what they ordinarily would have done.' King Misuzulu's identification questioned Meanwhile, Advocate Thabani Masuku, representing the Zulu royal princesses, argued that Ramaphosa failed to confirm whether the May 2021 meeting involved recognised royal family members. Masuku contended that the validity of the recognition decision hinged on the legitimacy of the identification process. 'In other words, a lawful identification decision is a requirement for a lawful exercise of a recognition decision. 'We have submitted that the president did not have a lawful identification before him. 'He also did not have an application by the royal family that could have justified him exercising the powers that he did in recognising the King Misuzulu.' The judgement in the matter has been reserved and will be delivered at a later stage.

Judgment reserved in Ramaphosa's appeal matter on recognising King Misuzulu as Zulu heir
Judgment reserved in Ramaphosa's appeal matter on recognising King Misuzulu as Zulu heir

Eyewitness News

time5 days ago

  • Politics
  • Eyewitness News

Judgment reserved in Ramaphosa's appeal matter on recognising King Misuzulu as Zulu heir

Nhlanhla Mabaso 29 May 2025 | 16:19 Misuzulu kaZwelithini Cyril Ramaphosa Pretoria High Court President Cyril Ramaphosa meets His Majesty Misuzulu KaZwelithini ahead of the 110th commemoration of King Dinuzulu at KwaNkomonye Royal Palace in KwaZulu Natal on 16 March 2024. Picture: GCIS BLOEMFONTEIN - Judgment has been reserved in President Cyril Ramaphosa's appeal matter involving the Zulu royal family's identification president seeks to overturn a judgment by the North Gauteng High Court in Pretoria invalidating his recognition of King Misuzulu kaZwekithini as the rightful appeal was heard for two days in the Supreme Court of Appeal (SCA). With arguments having been concluded, the judges said they would announce the judgment at a later stage. Ramaphosa's lawyers have argued till the end of these proceedings that his recognition of Amazulu King Misuzulu as monarch was done properly, while the king's lawyers told the five judges that custom dictates that he be on the Zulu throne. The parties then submitted that the high court order be reversed. However, Prince Simakde wants the North Gauteng High Court ruling to be adhered to, and that the president appoints an investigative committee to probe the process of identification. Meanwhile, the king's uncle, Prince Mbonisi Zulu, wants the court to refer the matter of identifying a king back to the Zulu royal family. Justice Dumisani Zondi reserved the judgment. ALSO READ: Prince Mbonisi Zulu disputes title of King Misuzulu's mother as 'great wife' of royal family

Prince Mbonisi Zulu disputes title of King Misuzulu's mother as 'great wife' of royal family
Prince Mbonisi Zulu disputes title of King Misuzulu's mother as 'great wife' of royal family

Eyewitness News

time5 days ago

  • Politics
  • Eyewitness News

Prince Mbonisi Zulu disputes title of King Misuzulu's mother as 'great wife' of royal family

Nhlanhla Mabaso 29 May 2025 | 12:49 Misuzulu kaZwelithini AmaZulu royal family Prince Mbonisi Zulu The commemoration of the historic Battle of Isandlwana in Nquthu, northern KwaZulu-Natal, on 27 January 2024. Picture: Jacques Nelles/Eyewitness News On Thursday, Advocate Tembeka Ngcukaitobi argued that the king was identified as the new monarch in terms of customary said the king's mother, the late Queen Shiyiwe Mantfombi Zulu, held the title of the "great wife".However, the king's uncle, through his lawyers, questioned the great wife's status of King Misuzulu's mother, Queen Mantfombi Dlamini-Zulu, featured in the first part of court proceedings on Thursday, as lawyers argued about whether the king was identified properly. The "great" title comes with the fact that her bridal price was issued by the Zulu people, as she was a princess from the kingdom of Eswatini. This also meant that she would later give birth to an heir to the throne. However, the late King Goodwill Zwelethini's brother, Prince Mbonisi, disputed this in lawyer, Menzi Simelane, said: "And all the ceremonies that relate to the funeral of the late king took place at KwaKhethomthandayo Palace. You know why? That is where the first wife resides, Queen Winifred Sibongile Dlamini - the main wife - and everything took place there in recognition that she is the first wife and the most senior wife for that reason." He maintained that the "great wife" position holds no ground. "There is no great wife." Proceedings are set to continue with more submissions to the SCA's five judges. ALSO READ: Zulu regiments call on opposing factions to unite under King Misuzulu to achieve stability [WATCH] Zulu regiments arriving at the Supreme Court of Appeal in Bloemfontein where the SCA is set to hear an application by President @CyrilRamaphosa to overturn a judgement invalidating his recognition of King Misuzulu KaZwelithini as Zulu monarch. @_NMabaso — EWN Reporter (@ewnreporter) May 29, 2025

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