KEY POINTS
- The court is considering if President Ramaphosa acted legally when he issued a recognition certificate to King Misuzulu.
- They claim that according to customary Zulu law, the royal family recognized Misuzulu without first consulting or investigating.
- Judges wondered why Prince Mbonisi and Prince Simakade opposed the process and did not nominate another candidate for the throne.
The Supreme Court of Appeal (SCA) has recently begun examining a challenge to King Misuzulu kaZwelithini becoming the King of the Zulu Nation.
The case originated when President Cyril Ramaphosa appealed the Gauteng High Court ruling that said his accepting the king was not legal.
The first issue was doubting King Misuzulu’s right and now the appeal centers on whether the president correctly followed the rules in the Traditional and Khoi-San Leadership Act.
Ramaphosa argued that the recognition occurred according to procedure
According to Advocate Morumo Moerane SC for President Ramaphosa, the royal family had already declared the king in line with Zulu customary law at a public meeting held on May 14, 2021. Moerane said that the president had a limited role because they only had to confirm the selection that comes from well-established traditions.
“It was the royal family who chose the king and the president’s job was to confirm that choice,” Moerane pointed out.
Argument over who speaks for the family and how
Both Prince Mbonisi and Prince Simakade launched the legal action, arguing that the May 2021 meeting included only some representatives from their family and was not legally valid. They believe the recognition process failed in important ways and that their opinions were ignored.
Judge Norman Davis held that Ramaphosa ought to have set up an investigative committee according to the law, before granting recognition.
King Misuzulu team continues to show legal identification
Mr. Tembeka Ngcukaitobi defended the meeting by pointing out that it was valid according to customary law and that court decisions had confirmed its soundness. He believed that lingering in courts upset both the monarchy and the country’s stability.
Panel urges better definitions
Dumisani Zondi, the Judge, pointed out that without naming another option, the opposition’s reason for taking legal action was in question. “What’s the point of this case if you already know who King Misuzulu is?”
