The Ingonyama Trust board is still embroiled in internal strife amid ongoing war for its soul between AmaZulu monarch King Misuzulu kaZwelithini and the national government.
The decision by King Misuzulu to suspend certain members of the board has been overturned by Minister of Land Reform and Rural Development Mzwanele Nyhontso in the most recent round of standoff.
Those suspended included Ingonyama Trust CEO Vela Mngwengwe and chief financial officer Siyamdumisa Vilakazi. The king announced the suspensions two weeks ago.
According to King Misuzulu, the decision stemmed from his lack of trust in the board’s ability to carry out its functions. The king added that in addition to sending suspension letters to certain members of the board, he was also hiring a third-party to carry out a forensic audit to investigate the Ingonyama Trust’s financial affairs.
The Zulu monarch stated that the investigation’s scope would encompass the board’s activities and behaviour during the previous five years.
However, Nyhontso said on Monday that the king had appropriated the authority he does have to suspend the board members. He said the minister was ultimately in charge of appointing the board and suspending or dismissing it.
“The decision to suspend the board members and the action of the king to choose to run the board on his own without the ‘sole unaffected members’ not only fly in the face of good corporate governance, but it will also not stand the legal scrutiny if challenged,” Nyhontso said.
‘Board still in charge’
Additionally, he clarified that the board is still in operation until he says otherwise.
“The Ingonyama Trust Act of 1994 and the PFMA [Public Finance Management Act] inform my action as a minister of land reform.
“I will continue to engage the chairperson and the other board members of the Ingonyama Trust to address the concerns raised,” Nyhontso said.
Mngwengwe was also unapologetic about his suspension, claiming that since assuming control of the trust a year ago, the king has acted unilaterally and as though he is the only decision-maker.
The trust was created to administer nearly 3-million hectares of tribal land that belonged to the KwaZulu government at the time of the first democratic elections in 1994.
It resulted from a negotiated agreement between Prince Mangosuthu Buthelezi, the founder of the IFP, and the apartheid government ahead of the transition from apartheid.
The IFP had threatened to boycott the 1994 elections unless amakhosi (traditional leaders) and their subjects received land guarantees and the placement of such land under the king’s authority.
While the board manages the day-to-day affairs of the Ingonyama Trust, the king serves as its sole trustee.
Upon his unilateral suspension of certain board members the king appointed himself as the chairperson of the Ingonyama Trust.
King disputes ‘exclusion’ of amakhosi
In addition to owning prime land, which is frequently in high demand by multinational corporations and real estate developers, the organisation also receives millions in rental fees from government agencies and private citizens. It also receives royalties from mining companies who conduct their operations on the land.
The Ingonyama Trust has faced harsh criticism over the years for operating as a fiefdom and failing to disclose its financial information. However, the king had bemoaned the fact that amakhosi were excluded from the decision-making process.
He clarified that, as legitimate landowners, they should make decisions regarding the Ingonyama Trust’s affairs, not the government.
Under his leadership, he thinks the organisation will meet the needs and goals of communities governed by different tribal authorities.