6 days ago
Supreme Court of Appeal hears President Ramaphosa's challenge in King Misuzulu recognition
The Supreme Court of Appeal is hearing President Cyril Ramaphosa's appeal after he recognised King Misuzulu as the Zulu King, but the high court had ruled against him.
Image: Independent Newspapers Archives
The Supreme Court of Appeal challenge by President Cyril Ramaphosa against the high court judgment that set aside the president's recognition of King Misuzulu kaZwelithini as King of the Zulu Nation is not about the legitimacy of the king, but about the legality of the process.
Advocate Morumo Moerane SC, who argued on behalf of Ramaphosa, said on Wednesday that the identification of King Misuzulu as Zulu king was done in accordance with Zulu customary law.
Moerane said it was the right of the president to identify the king, if he had already been identified by the Royal Family in terms of customary law. The question is not whether King Misuzulu is the suitable king, but whether the president has acted lawfully in confirming the king identified by the royal family, Moerane argued. He told the court that during a meeting held on May 14, 2021, where members of the royal family were present, King Misuzulu was lawfully identified as the next Zulu King. It was all done in accordance with law, Moerane said.
The president's appeal followed a Gauteng High Court, Pretoria judgment in 2023 when it was found that his recognition of King Misuzulu was unlawful and invalid. King Misuzulu's uncle, Prince Mbonisi, and his brother, Prince Simakade, approached the high court claiming that the identification of the king was not done in accordance with the law.
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According to them, some members of the royal family did not attend the meeting of May 2021, when the king was identified.
Judge Norman Davis earlier ruled that the decision to issue King Misuzulu with a certificate of recognition was unlawful and invalid. He found that Ramaphosa had failed to follow due process in terms of the Traditional and Khoi-San Leadership Act when he failed to institute an investigating committee when a dispute over the Zulu throne arose between King Misuzulu and his brother, Prince Simakade.
However, he ruled that King Misuzulu was still on the crown as Acting KwaZulu Natal Judge President Isaac Madondo had already ruled on the matter in the Pietermaritzburg High Court.
King Misuzulu ascended the throne in 2022 when his parents, King Goodwill Zwelithini, and his mother Queen Regent Mantfombi, died months apart in 2021. A meeting in May 2021 was held by the Zulu Royal family, where the name of then Prince Misuzulu emerged as the successor, which Prince Simakade did not attend.
Prince Simakade then approached the high court, seeking the court to declare Ramaphosa's decision to issue the certificate of recognition to King Misuzulu was irrational and asked it to set aside the decision.
Judge Davis ordered Ramaphosa to appoint an investigative committee into the matter, in accordance with the Leadership Act.
But both Moerane as well as advocate Tembeka Ngcukaitobi, acting for King Misuzulu, argued that this decision was flawed and it should be set aside. Moerane said Ramaphosa did not elect the king. He simply confirmed the one which was already identified.
Ngcukaitobi argued that this was done during a lawfully constituted meeting in May 2021.
'The rule of law demands an end to this matter. The identification was done in terms of customary law and the issues had already been resolved during litigation,' Ngcukaitobi said.
It was meanwhile argued on behalf of Prince Mbonisi and his brother, Prince Simakade, that it is their right to identify an heir. The court was told that they did not have a preferred candidate in mind, but all they wanted was the right to identify the next king in terms of customary law.
This prompted the question by Justice Dumisani Zondi on how the royal family could come to court and not say who they want as king. He questioned that if they recognised King Misuzulu, this whole exercise would be futile.
He was told that the royal family did not want this matter to be aired out by the courts. As the ultimate authority, they simply wanted to identify their next king themselves. They maintained that the president did not have the right to identify King Misuzulu without consulting on the matter.
Proceeding.
