After years of legal wrangling and royal infighting, the Constitutional Court has delivered a historical ruling on the AmaMpondo kingship dispute.
The ruling finally brings to a close one of the most fiercely contested traditional leadership battles in South Africa’s Eastern Cape.
The ConCourt affirmed the recognition of the late King Zanozuko Sigcau, ensuring that his throne will be succeeded in accordance with both customary and legal frameworks.
Appellants sought to uphold Zanozuko as king
The appellants in the case — the President of South Africa, the Minister of Cooperative Governance and Traditional Affairs, and the Commission on Traditional Leadership Disputes and Claims — sought to uphold Zanozuko’s recognition as kumkani, or king.
Princess Wezizwe Sigcau and her faction, representing the respondents, challenged this recognition. She argued that she had the rightful claim to the throne. This based on AmaMpondo traditions and constitutional rights, particularly concerning gender equality, she said.
The AmaMpondo nation is one of the largest traditional communities in the Eastern Cape. It has long been divided between two factions. These are amaMpondo aseQaukeni and amaMpondo aseNyandeni. It’s been the case since the death of Mandlonke Sigcau in 1937.
The dispute resurfaced in recent years after Zanozuko’s recognition in 2018. Princess Wezizwe’s faction argued that the Commission’s fact-finding process had flaws. And that it failed to consider the living customary law properly.
The ConCourt’s ruling not only settles this royal dispute. It also addresses broader legal questions about the role of traditional leadership.
Role of traditional leadership
“In my view, therefore, even from a practical point of view, it is impossible to determine who the ‘royal family’ is without first determining which line of descent… produces the true heir,” said Justice Zukisa Tshiqi, who penned the judgement.
South Africa’s Constitution recognises traditional leaders under Section 212. It places them within the framework of local governance. The court found that the Supreme Court of Appeal had erred in overruling the Commission’s findings.
Justice Tshiqi noted the appellants argument.
“Firstly, it deviated from its precedent that dictates deference to decisions or findings of a commission. Especially one that is an expert body, such as the one in this matter. And further that the Supreme Court had ‘conflated the nature of a review and an appeal’.”
Cultural importance of the AmaMpondo kingship
The court emphasised the cultural importance of the AmaMpondo kingship. It plays a vital role in maintaining unity within the community. The ruling affirmed that Zanozuko’s recognition remains in place. This despite his passing in 2022, and ensures his successor will be determined under both customary law and legal principles.
“In November 2018 the President recognised Zanozuko as King. And this was duly promulgated in the Government Gazette. Zanozuko died after his recognition,” said Justice Tshiqi.
“Although his successor will have to be identified, this will be done against the background that Zanozuko was so recognised as the King. The order of this Court therefore leaves in place such recognition.”
