KEY POINTS
- The focus keyphrase is recognition of King Misuzulu.
- Princes Mbonisi and Simakade challenge the king’s identification.
- The president is accused of bypassing customary procedures.
In President Cyril Ramaphosa’s appeal against the High Court’s decision regarding the Zulu kingdom, the Supreme Court of Appeal has reserved judgment.
Court delays ruling on recognition of King Misuzulu
Ramaphosa’s acknowledgement of King Misuzulu kaZwelithini as the legitimate ruler of the Zulu Nation was overturned by the High Court.
A cross-appeal by Princes Mbonisi and Simakade contesting King Misuzulu’s legitimacy as monarch will also be decided by the court later.
They contended that King Misuzulu’s identification as the Zulu monarch should have been ruled illegal by the High Court.
In 2023, Judge Norman Davis declared that Ramaphosa had violated the Traditional and Khoi-San Leadership Act’s due process clause.
He claimed that when the Zulu throne issue arose among the members of the royal family, Ramaphosa ought to have formed an investigative commission.
King Misuzulu was permitted to temporarily hold the throne while Judge Davis instructed Ramaphosa to form a committee.
Princes challenge recognition of King Misuzulu in court
Prince Mbonisi’s attorney, Thabani Masuku, argued against the appeal and accused the president of not resolving conflicts within the royal family.
The court heard that there were improper procedures and no royal representation at the May 14, 2021, meeting where Misuzulu was crowned king.
According to Iol, the late Prince Mangosuthu Buthelezi organized the meeting, which was initially meant to be a morning custom rather than a succession debate.
Masuku contended that Buthelezi, without consulting the family, unilaterally changed the ceremony to serve as a platform for announcing the next king.
He claimed that because the Royal Family neither started nor endorsed the procedure, it went against accepted practices for choosing a new king or queen.
Masuku maintained that before taking action, Ramaphosa ought to have formed a committee and conferred with the COGTA minister.
An investigation, he continued, could have settled the problems and stopped them from being the subject of the ongoing legal battle.
According to Masuku, Zulu customs require particular protocols that must be adhered to and cannot be disregarded for political reasons.
The court heard that in order for the Royal Family to carry out a legitimate and legal process, the matter must be returned to them.
Advocate Alan Dodson opposed returning the case but backed Davis’ request for an investigation during cross-appeal arguments.
Returning the case to the Royal Family, according to Dodson, would only result in further strife and unresolved succession issues.
In support of Ramaphosa, advocate Morumo Moerane SC argued that the 2021 meeting was in line with Zulu legal tradition and practices.
