Latest news with #TraditionalandKhoi-SanLeadershipAct
IOL News
2 days ago
- Politics
- IOL News
KZN elections for amakhosi and izinduna projected to cost R47 million in 2027
The KwaZulu-Natal Department of Cooperative Governance and Traditional Affairs (CoGTA) at the KZN Legislature portfolio committee on Tuesday. Image: KZN Legislature The elections for amakhosi and izinduna in KwaZulu-Natal could cost more than R47 million if they go ahead in 2027. This was revealed by the KZN Department of Cooperative Governance and Traditional Affairs (CoGTA) during a first-quarter report on 2025/26 financials to the KZN Legislature portfolio committee on Tuesday. The department receives an allocation of R187 million but still has to dip into its budget to cover the rest of the funding for approximately 300 amakhosi and izinduna in the province. Mthandeni Dlungwana, an ANC MPL, raised the question of whether izinduna and amakhosi have completed their five-year terms and when elections will be held. Video Player is loading. 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Next Stay Close ✕ Marlaine Nair, chairperson of the CoGTA committee, said they were told that the elections would go ahead in February 2025. Velenkosini Hlabisa, the minister of CoGTA, announced in May 2025 that the Constitutional Court ruled to extend the validity of the Traditional and Khoi-San Leadership Act (TKLA) for a further two years. Hlabisa explained that the Concourt has granted supplementary, just, and equitable relief to prevent the imminent expiry of the suspension period related to the declaration of constitutional invalidity of the TKLA. 'The declaration of invalidity of the TKLA has been suspended until 29 May 2027, allowing additional time for the Traditional and Khoi-San Leadership Bill to be concluded,' he said. This two-year extension enables CoGTA and Parliament to conduct thorough consultations and finalise the legislative process. Hlabisa has requested the Department of Traditional Affairs to intensify efforts to expedite the Bill's completion. He added that the TKLB is a critical piece of legislation. It seeks to formally recognise the Khoi and San communities and their leadership structures, while also addressing the deficiencies of the Traditional Leadership and Governance Framework Act, No. 41 of 2003. Once enacted, the Bill will provide a legal framework to recognize and regulate Traditional and Khoi-San leadership institutions, clearly outlining their roles, responsibilities, and engagement with the government. This represents both a responsibility and an opportunity to promote inclusive governance. Dr Joey Krishnan, acting HOD of CoGTA, stated at the legislature that processes are under way in the department to prepare for the elections. 'The quotation we received two years ago was R47 million as a province just to run the elections. We are busy working on it. We could use the Electoral Commission of South Africa or an election agency. The department had engaged an election agency previously for this purpose, and then the court challenge came along,' she explained. On the recognition of izinduna, she explained that the amakhosi nominate izinduna and not CoGTA. Once an induna is nominated, it has to go through to the provincial executive council for approval and recognition. 'When that happens, it is gazetted. It is only at the time of gazetting that CoGTA will then put the izinduna on the payroll. We now have a system in place where amakhosi and izinduna are comfortable with the headcount,' she said. Krishnan said that the amahhosi provides CoGTA with a monthly update on izinduna. 'We are undertaking the current confirmation of all izinduna. We have completed eThekwini, Ugu, and Amajuba municipalities. We went to the Cabinet a week ago. We are now recognising 35 izinduna through that process. We hope to have that concluded in this financial quarter. We are going through per district to fast-track the process,' she explained.
IOL News
4 days ago
- Health
- IOL News
Call for probe into KZN Hospital Board appointments amid exclusion of traditional leaders
Call for Transparency in KwaZulu-Natal's Hospital Board Appointments Image: SUPPLIED A formal complaint has been lodged at the office of the KwaZulu-Natal Premier, Thulasizwe Ntuli, raising concerns about the appointment process for hospital board members in KwaZulu-Natal and the alleged exclusion of Traditional Leadership from governance structures. In a letter dated July 28, Phakamani Owen Dlamini, Ndunankulu of the Esiphahleni Community, addressed to Premier Ntuli, accuses provincial health authorities of operating a meritless, opaque process and calls for independent oversight and formal inclusion of traditional leadership in local governance. He argued that the KwaZulu-Natal Department of Health has not acknowledged or responded to Dlamini's inquiries about the criteria and procedures for appointing hospital board members in Richmond. Dlamini said he was the only applicant from the institution of Traditional Leadership in his municipality's nomination process and claimed there was an absence of transparency and accountability in the appointment process. He stated that a subsequent attempt to engage the MEC for Health, Nomagugu Simelane-Mngadi, yielded no constructive outcome. 'The appointment of Richmond Hospital Board members appears to be influenced by political affiliations rather than a transparent or merit-based process,' Dlamini wrote in the letter, which accuses officials of failing to provide an official confirmation of the appointments. 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 He cited Section 195(1)(a) and (f) of the Constitution, which obligates public administration to promote a high standard of professional ethics and accountability, and Section 212(1), which contemplates a role for traditional leadership at the local level in matters affecting local communities, along with the Traditional and Khoi-San Leadership Act, No. 3 of 2019. Dlamini's letter contends that excluding Traditional Leaders undermines legislative intent and reflects a troubling trend of marginalizing traditional governance in KwaZulu-Natal over the past three decades. He invokes historical figures and events tied to the region's leadership lineage, arguing that recognising the role of traditional leadership is essential to accurately reflecting community diversity and customs. The letter outlines three requests, including an independent province-wide investigation into hospital board appointments, beginning with Richmond Hospital, to ensure merit-based, transparent, and inclusive procedures. 'A written response from the Premier's Office within 14 working days addressing the inquiries on the appointment process, in line with the Promotion of Administrative Justice Act (PAJA), Act No. 3 of 2000. 'Urgent measures to ensure Traditional Leadership is formally represented on all relevant public governance structures as provided under the Traditional and Khoi-San Leadership Act and the Constitution.' Dlamini also revealed that he has received death threats related to his advocacy, adding he will persist in pursuing accountability, fairness, and inclusivity, including potential escalation through legal or parliamentary channels. Attempts to obtain comment from Premier Ntuli's office were unsuccessful. The Premier's spokesperson, Lindelani Mbatha, did not respond to questions from the publication on Tuesday and Wednesday. On Tuesday, Dlamini told IOL he had been contacted by someone claiming to be from Ntuli's office. He alleged that the person said the matter was being attended to, but no official reply was received via email. Simelane-Mngadi's office did not respond to requests for comment. IOL sought to establish how the appointments favour individuals allegedly linked to the province's African National Congress (ANC), where Simelane Mngadi serves as one of the senior leaders in the province. IOL Politics
eNCA
03-06-2025
- 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
29-05-2025
- 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
29-05-2025
- 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
