Prince Simakade has taken his fight for the Zulu throne against King Misuzulu KaZwelithini to the Constitutional Court, the highest court in the land.
The first-born son of the late King Goodwill Zwelithini filed the papers together with Prince Mbonisi (a brother of the late King), saying the Supreme Court of Appeal (SCA) judgment handed by Judge JA Zondi on October 6 2025, was flawed and should be set aside.
They said they want the selection for the throne for the position of Zulu king to be upheld through a proper statutory mechanism.
Focus on two legal errors
According to Prince Simakade’s papers, Zondi committed two legal errors in his judgment. One was the concept of res judicata (dealing with and making a ruling on a matter that has already been settled by another court).
He argues that he was never involved in the 2022 litigation, which was heard by Judge Isaac Madondo of the Pietermaritzburg High Court in KwaZulu-Natal.
This is where, in part, Madondo commented that the only eligible candidate for the Zulu throne was King Misuzulu. And he said it was due to the fact that his mother is from another monarch (Eswatini). Also that her lobola was paid for by the Zulu nation, and Prince Simakade was not eligible.
However, Prince Simakade argues that the Madondo ruling does not bind him at all.
“First, the SCA’s mistaken ruling that the underlying identification dispute… was res judicata. As set out in greater detail… the SCA applied an unconstitutional and improper conception of common law doctrine of res judicata to find that the issue I have raised before the high court (in Pretoria) had already been determined against me in prior proceedings. And in circumstances where I established beyond doubt that I played no part in those proceedings and was not even served with the papers.
Affidavits overlooked
“This was demonstrated in affidavits filed after the hearing at the SCA’s request. Pursuant to specific inquiries by the SCA during the oral hearing. These affidavits are not mentioned at all in the judgment,” Prince Simakade said in the papers obtained by Sunday World.
However, it is worth noting that Madondo opened a window for all those who had an interest in the estate of the late king and the succession matter to file their papers and state their case.
Prince Simakade did not submit his papers. This was despite his letter to the late Prince Mangosuthu Buthelezi, in which he said he had no interest in the throne, was submitted to the court. And the letter it became part of its records and Madondo’s ruling.
On the second point in the Constitutional Court papers, Prince Simakade also argued that the fact that there was a dispute over the throne, President Cyril Ramaphosa was obliged to form a committee to investigate the dispute before handing out the recognition letter to King Misuzulu.
As such, he said Zondi erred when he interpreted the Traditional Leadership Act.
Although Prince Mbonisi has joined the case, he does not support Prince Simakade for the throne. He supports Prince Buzabazi.
He wants the court to dethrone King Misuzulu and have the process to identify a king started afresh.
