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eNCA
20 hours 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
IOL News
5 days ago
- Politics
- IOL News
Supreme Court of Appeal reserves judgment on President Ramaphosa's recognition of King Misuzulu
The Supreme Court of Appeal has reserved judgment in 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 has reserved judgment in the appeal 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. The court is also due to rule at a later stage regarding a cross-appeal by Prince Mbonisi and his brother, Prince Simakade, in which they said the High Court should have set aside the identification of King Misuzulu as the new Zulu King. Judge Norman Davis, in a judgment handed down in 2023, 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. Judge Davis ordered Ramaphosa to appoint an investigative committee into the matter, per the Leadership Act. However, he ruled that King Misuzulu remained on the throne in the meantime. Advocate Thabani Maskuku, representing Prince Mbonisi, in opposing the appeal, argued that it was the president's responsibility to ensure that disputes between the Royal Family were resolved before he recognised the now-King Misuzulu as King. Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Next Stay Close ✕ The court was told that the meeting held on May 14, 2021, during which the now-king was identified, was flawed. It was called by the late Prince Mangosuthu Buthelezi, but the meeting was due to serve as a morning ritual and not a forum during which the new king should be identified. It was argued that the Royal Family had no representative at the meeting, and absent were some of the most senior members of the Royal House. Masuku argued that Buthelezi then decided to turn the morning ritual into an identification process to identify the new king. He said custom was not followed as the Royal Family was not the one to choose the new king. According to him, the president was supposed to put together a committee when disputes arose, to look into how the king was appointed and to allow the Royal Family to elect their next king. This was not done, Masuku said, adding that the president should also have consulted the KwaZulu-Natal premier and the COGTA minister before he announced Misuzulu as King. The court was also told that if Ramaphosa had investigated the process of recognising Misuzulu as King, the issues would have been resolved and would not now be the subject of an appeal. It was said that there are specific Zulu customs that had to be followed and that cannot simply be wished away. The court was told that the matter should be referred back to the Royal Family to do what should have been done.
Eyewitness News
6 days ago
- Politics
- Eyewitness News
Zulu regiments call on opposing factions to unite under King Misuzulu to achieve stability
BLOEMFONTEIN - Zulu regiments have called on opposing factions in the Zulu royal family to unite under King Misuzulu in a bid to instill stability in the royal house. The dispute over the Zulu throne continues, with President Cyril Ramaphosa now in a legal bid to defend his decision that officially recognised Misuzulu as king, in line with the Traditional and Khoi-San Leadership Act. The royal family remains divided over the throne, with some still challenging the king's ascension to the throne. Dressed in their leopard skin traditional attire, Zulu regiments, better known as amabutho sang Zulu war cries, hymns and other traditional songs outside court, in support of King Misuzulu. The group has long affirmed their support and allegiance to the reigning monarch. And with the dispute continuing, the regiments said it was time to put differences aside. Their leader, Induna Simphiwe Mhlongo said, "To those attacking the throne, we'd like to urge them to sit down and have discussions, so that people can go back in assume their responsibilities and stop making unnecessary noise because the issue of the king will never change, and I wish to clarify that our king is not crowned by government, it is only us as regiments as we did." On Thursday, lawyers are expected to conclude their arguments. ALSO READ: Ramaphosa's legal team maintains Misuzulu's identification as Zulu king in line with customary law
IOL News
6 days ago
- Politics
- IOL News
Supreme Court of Appeal hears challenge on King Misuzulu's legitimacy, not his 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 (SCA) is currently deliberating on a highly charged legal challenge regarding the recognition of King Misuzulu kaZwelithini as the King of the Zulu Nation. As President Cyril Ramaphosa seeks to overturn a 2023 Gauteng High Court ruling that deemed his acknowledgment of the king as unlawful, the focus of the appeal has shifted from the legitimacy of King Misuzulu himself to the legality of the recognition process employed by the president. Advocate Morumo Moerane SC, representing Ramaphosa, laid out the case for the defence, asserting that the process leading to King Misuzulu's recognition was firmly rooted in Zulu customary law. 'The president has the right to recognise the king if the royal family has already identified him according to customary law,' Moerane argued before the court. The core question was not whether King Misuzulu was suitable for the throne, but whether the president's actions in confirming his ascendance were within legal boundaries. Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Next Stay Close ✕ Ad loading During a pivotal meeting on May 14, 2021, attended by members of the Zulu royal family, King Misuzulu was identified as the next king. Moerane emphasised that this identification adhered to customary protocols. However, the legitimacy of this meeting has been challenged by King Misuzulu's uncle, Prince Mbonisi, and his brother, Prince Simakade. They claimed that the meeting lacked the necessary representation, as certain family members were absent. Judge Norman Davis of the Gauteng High Court had previously ruled that Ramaphosa's decision to issue a certificate of recognition for King Misuzulu was unlawful and invalid. He based this decision on Ramaphosa's failure to follow due process as defined by the Traditional and Khoi-San Leadership Act, particularly regarding the necessity to initiate an investigative committee upon the emergence of a dispute over the throne between King Misuzulu and Prince Simakade. Despite this ruling, it was established that King Misuzulu remained in the position of King, as reaffirmed by Acting KwaZulu Natal Judge President Isaac Madondo in an earlier ruling. The court found itself navigating a labyrinth of conflicting claims to legitimacy, as both sides presented their arguments before the judicial panel. Moerane, alongside advocate Tembeka Ngcukaitobi—representing King Misuzulu—contended that Davis's findings were flawed. 'The president did not elect the king; he simply confirmed the one who was already identified,' stated Moerane. Ngcukaitobi reinforced this position by insisting that the identification was borne out of a lawfully convened meeting that complied with customary law. 'The rule of law demands an end to this matter,' he asserted, emphasising that many of the legal disputes had already been addressed in previous litigation. The contrasting arguments presented on behalf of Prince Mbonisi and Prince Simakade called into question their motives. They insisted that their right to identify an heir was non-negotiable, expressing dissatisfaction that the process didn't fall under their purview. This led Justice Dumisani Zondi to challenge their stance, questioning how the royal family could pursue legal action without naming a preferred candidate for the throne. 'If you recognise King Misuzulu, then this whole exercise would be futile,' he noted, suggesting a resolution might be more complex than anticipated. The royal family's reluctance to have their internal matters dissected in court adds an additional layer of complexity. They insisted that they only wanted to identify their next king while maintaining that the president overstepped his boundaries by recognising King Misuzulu without proper consultation with the family. DAILY NEWS
Eyewitness News
6 days ago
- Politics
- Eyewitness News
Zulu regiments back Misuzulu as rightful king
BLOEMFONTEIN - Zulu regiments said while they respected court processes, no judgment would change their views on the nation's royal kingship. Around 100 regiments were in Bloemfontein on Wednesday, as President Cyril Ramaphosa challenged a Pretoria High Court ruling that set aside official recognition of Misuzulu kaZwelithini as the rightful monarch. ALSO READ: • Ramaphosa requests SCA to reverse high court ruling setting aside his recognition of Misuzulu as Zulu king • Ramaphosa's legal team maintains Misuzulu's identification as Zulu king in line with customary law This was in line with the Traditional and Khoi-San Leadership Act. The regiments, in support of Misuzulu, said they remained adamant that he was their sole king. Induna Simphiwe Mhlongo is the leader of the regiments. "As we are here, we are a sign that there's one king in the Zulu kingdom. There will never be two of them. This is not a new thing. And this king is the official king - he was crowned in kraal ceremony."
