Royal battle: Zulu princes Mbonisi, Vulindlela and Mathobisizwe are brothers of the late King Zwelithini KaBhekuzulu. (Photo by Gallo Images/City Press/Tebogo Letsie)
The presidency says it is “premature” to speculate on whether King MisuZulu kaZwelithini’s R70 million-a-year state benefits will be withdrawn in the wake of this week’s high court ruling declaring his recognition by President Cyril Ramaphosa unlawful.
The court ruled in favour of the king’s uncle, Prince Mbonisi Zulu, and his half-brother, Prince Simakade, who had asked that MisuZulu’s recognition as the isilo of the Zulu nation be set aside.
The court remitted the matter to Ramaphosa, ordering him to appoint an investigative panel to deal with allegations that the process of nominating MisuZulu as king had been flawed. It did not make a ruling on the legitimacy of MisuZulu’s claim to the throne.
Presidency spokesperson Vincent Magwenya told the Mail & Guardian that Ramaphosa’s legal team was “carefully studying the judgment” delivered by Judge Norman Davis in the Pretoria high court on Monday.
“Only once they’ve completed their thorough study of the judgment will a determination on the way forward be made,” he said.
Asked what would happen to the king’s benefits — which he receives as a result of his formal recognition by the state — Magwenya said the question was “premature”.
“Wait until the president decides on the next steps,” he said.
This is the first indication the head of state might appeal the ruling by Davis, which ordered Ramaphosa to start afresh with the process once the investigative panel had done its work.
Bongi Gwala, spokesperson for KwaZulu-Natal Premier Nomusa Dube-Ncube, said the provincial government was waiting for direction from the presidency, which was “dealing with the matter”.
The province picks up the tab for the Zulu royal household and allocated R79 million for the monarch’s upkeep for the current financial year.
It recently allocated R20 million for the king’s legal fees in his battle for the throne.
MisuZulu’s office said this week that it had “noted” the court ruling.
“His majesty, together with his legal team and the senior members of the Zulu royal family, are still studying the judgment and applying their minds to the correct course of action,” spokesperson Prince Africa Zulu said.
King MisuZulu KaZwelithini was declared king after his father’s death. (Photo by Gallo Images/Darren Stewart)
“His majesty calls upon the royal family, amakhosi of the kingdom and the Zulu nation, to remain calm, focused and confident as the king is still on the throne and continues with his day-to-day engagements as king of the Zulu nation.”
In his judgment, Davis said the recognition of MisuZulu as isilo of the Zulu nation was “unlawful and invalid and is hereby set aside”.
“The matter of the recognition of Isilo is remitted to the first respondent [Ramaphosa] who is directed to act in terms of Sections 8(4) and 8(5) of the Traditional and Khoi-San Leadership Act,” the court ordered.
It further ordered Ramaphosa “to appoint an investigative committee as contemplated in that Act to conduct an investigation and provide a report in respect of allegations that the identification of the second respondent [MisuZulu] was not done in terms of customary law and customs”.
The court said it had not been asked to make a ruling on who should be king but on whether process had been followed in making the appointment of MisuZulu in March last year, which was later certified that October.
Last year Judge Mjabuliseni Madondo ruled that MisuZulu was the rightful heir to the throne, but the decision has been taken on review at the supreme court of appeal by members of the royal family.
Davis found that after a dispute had arisen over the Zulu throne, a mediation panel had been appointed, while three separate court applications were brought by various factions in the royal family.
The panel, led by former KwaZulu-Natal premier Willies Mchunu, had made recommendations which were “instructive”, asking the president to delay the recognition of the king until the court processes were exhausted.
The panel had also recommended a medium-term mediation process — and the appointment of an acting king acceptable to all parties — to avoid the court rulings causing long-term division and damage similar to that incurred by the Shembe Church.
It had further recommended that the Act be followed and the process of naming MisuZulu be investigated before any permanent recognition of the monarch be carried out by the head of state.
The court said that the presidency had considered this panel’s report and made its decisions, instead of appointing an investigative committee in terms of the Act.
“The mediation panel was not such an investigative committee and the president did not claim that it was. The president therefore erred in law in not having followed the preemptive provisions of the Leadership Act,” the court said.
“This renders his recognition decision susceptible to review.”
The court said it could not substitute the president’s decision but that, because of the allegations between the parties, it was necessary that it be remitted to the presidency with “the necessary direction”.
MisuZulu is also facing a court challenge from Mbonisi to his authority over the Ingonyama Trust Board (ITB), which controls nearly three million hectares of land under traditional leaders on his behalf.
Mbonisi has asked the Pietermaritzburg high court to stop MisuZulu from taking decisions regarding the ITB and the Ingonyama Trust, of which he is the sole trustee.
The trust was set up on the eve of the 1994 elections to secure the participation of the king’s father, Goodwill Zwelethini ka Bhekuzulu, in South Africa’s first democratic vote.
It takes in millions of rand a year in lease fees from mines, commercial farms and other businesses operating on its land, a percentage of which is allocated to the king as both monarch and inkosi of the Usuthu Traditional Authority.
Mbonisi wants this funding — along with his nephew’s state stipend — to be suspended immediately by both the ITB and provincial government.
He also wants the removal of former board chairperson Jerome Ngwenya by MisuZulu — and the appointment of a new board — to be set aside and reversed by the court.