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eNCA
3 days 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
Eyewitness News
28-05-2025
- Politics
- Eyewitness News
Proceedings get underway as SCA hears appeal on King Misuzulu's recognition as Zulu King
BLOEMFONTEIN - Proceedings are underway in the appeal case where President Cyril Ramaphosa is challenging a High Court ruling that set aside his recognition of Misuzulu as King of the Zulu nation. Ramaphosa recognised Misuzulu in March 2022, in terms of the Traditional and Khoi-San Leadership Act. The king's uncle, Prince Mbonisi and his nephew, Prince Simakade approached the High Court in Pretoria to challenge the recognition, and the court ruled in their favour. And as both factions sat in court on Wednesday morning, Prince Thokozani Zulu, who speaks on behalf of Prince Simakade, said, 'We are confident that the five-judge panel sitting for this matter will also rule in our favour as it happened in Pretoria.' Meanwhile, King Misuzulu's spokesperson, Prince Thulani Zulu, said hopefully the Supreme Court of Appeal (SCA) would reach a different conclusion. 'We expect that judges to look into the procedure on how the certificate was issued, because today is not about the throne at all - it is about the procedure, because the reason why the President gave the certificate is because on the 20th of August 2022, there was a custom of 'Ukungena Esibayeni' which is the only custom by the people of installing a king.'
The Citizen
26-05-2025
- Politics
- The Citizen
‘The throne is not under threat': Zulu royal faction defends King Misuzulu as court battle looms
The Zulu royal family will return to court this week over a dispute concerning the state's recognition of King Misuzulu. A faction of the Zulu royal family backing King Misuzulu kaZwelithini's ascension to the throne says it is not fazed by the upcoming court challenge to the state's recognition of the monarch. President Cyril Ramaphosa's lawyers have approached the Supreme Court of Appeals in Bloemfontein in an attempt to overturn a ruling made by the Pretoria High Court. In 2023, the court set aside the president's decision to recognise King Misuzulu as a legally recognised king of the Zulu nation. The court further ordered the president to institute a committee to investigate allegations of violation of customary laws in the identification of King Misuzulu. In a statement on Sunday, King Misuzulu's faction said the court hearing would have no impact on the throne, as he was installed in line with proper Zulu customs. 'There is no cause for alarm or speculation. The throne is not under threat. The king remains the rightful custodian of the Zulu nation, duly installed by both tradition and law. 'Even if the president were not to succeed in the matter before the court on the 29th in Bloemfontein, it would not advance anyone else's claim to the throne. As a matter of fact, no one has directly challenged the incumbent after the decision had been taken in Pietermaritzburg,' said family spokesperson, Thulani Zulu. Certificate of recognition controversy On 29 October 2022, Ramaphosa officially presented King Misuzulu with a certificate of recognition at Moses Mabhida Stadium in Durban, KwaZulu-Natal. This was King Misuzulu's first official recognition as the king of the Zulu people in accordance with section 8(1) of the Traditional and Khoi-San Leadership Act of 2019. 'It's important to understand that the certificate handover does not affect the Ukungena Esibayeni ceremony, which is the traditional and only recognised method of installing a king in Zulu culture. 'The certificate represented recognition by the state — an administrative formality acknowledging that the Zulu nation had already installed its king. 'By accepting the certificate, we respected the democratic order that recognises, upholds and respects traditional leadership,' said Zulu. Another court battle for the Zulu king He said Misuzulu had successfully won most court battles concerning the throne. 'All court cases surrounding King Misuzulu kaZwelithini and the Zulu throne have been finalised, with His Majesty prevailing in every matter. 'The upcoming case is not about the throne, nor is it a challenge to His Majesty's authority. It concerns whether the President followed proper consultative procedures before issuing the certificate of recognition,' he said. The court case is set to take place over two days, from Tuesday, 28 May, to Wednesday, 29 May. ALSO READ: Five people killed in horror accident, north of Durban in KZN What does Prince Simakade's faction want? Meanwhile, the faction supporting Prince Simakade kaZwelithini remains hopeful that the state will dethrone King Misuzulu and allow for a fresh customary process to determine what they consider to be the rightful heir to the throne. They maintain that Prince Simakade, as the eldest son of the late King Goodwill Zwelithini, is the rightful heir to the throne. However, their interpretation of Zulu customs has been challenged by the faction supporting King Misuzulu's claim to the throne. This faction believes that King Misuzulu is the son of a great queen, and it was inevitable that he would ultimately lead the Zulu nation. NOW READ: Will Trump go after Malema and Zuma? IRR says 'Kill the Boer' chant created problems for SA
