The high court in Pretoria has set aside President Cyril Ramaphosa’s decision to recognise MisuZulu KaZwelithini as the king of AmaZulu.
This after Prince Simakade mounted a court battle challenging Ramaphosa’s decision in March 2022 to recognise his brother as the monarch.
On Monday, judge Norman Davis set aside the president’s decision.
“It is declared that the recognition by the first respondent of the second respondent as Isilo of the Zulu nation as contained in a Government Gazette no 46057 of 17 March 2022 [the recognition decision] was unlawful and invalid,” reads the court order.
“The recognition decision is hereby set aside.”
MisuZulu was appointed king after his mother died of natural causes on April 29 2021. Her death came seven weeks after MisuZulu’s father, King Goodwill Zwelithini, passed on.
After her death, Queen Mantfombi Dlamini-Zulu acted as a queen-regent.
Court battle
Simakade took the matter to court claiming to be the rightful heir to the throne as King Zwelithini’s first-born son.
He argued that he had been nominated by the royal family and affiliated to the late Queen Mantfombi.
Simakade also accused Ramaphosa of rushing through the process of officially recognising MisuZulu as the king AmaZulu.
He contended in court that a royal family meeting, which was called by late AmaZulu traditional prime minister Prince Mangosuthu Buthelezi on May 14 2021, and nominated MisuZulu as the next AmaZulu king, was invalid.
He asked the court to review and set aside Ramaphosa’s decision.
King’s appointment
Ramaphosa argued through his legal representative in court that MisuZulu’s appointment was made following the blessings from the royal family, as well as a court ruling by KwaZulu-Natal high court judge Isaac Madondo in favour of MisuZulu.
When appointing MisuZulu in March 2022, Ramaphosa said: “In terms of the requirements of the act, the royal family identified Prince MisuZulu Sinqobile Zulu as the person who qualifies in terms of customary law and customs to assume the position of king and applied to the president for his recognition.
“As required by the act, the recognition of the king-elect by the president follows consultations with the minister of cooperative governance and traditional affairs and the premier of KwaZulu-Natal,” he said.
