What becomes of AmaZulu king after ConCourt’s invalidation

Fear has begun to grip the AmaZulu royal house and those in the inner circle of AmaZulu King MisuZulu kaZwelithini following the Constitutional Court (ConCourt) ruling that declared the Traditional and Khoisan Leadership Act invalid.

The act, which came into effect in 2019, recognised Khoi-San traditional leaders and their communities.

However, lobby group Access Movement of SA and land rights activist Constance Mogale challenged the act on the grounds that there was no proper public consultation.


On Tuesday, the Constitutional Court ruled in favour of the applicants, directing parliament to rectify the act within two years.

“On an assessment of the public participation process followed by parliament, the court holds that parliament and the provincial legislature overwhelmingly failed to fulfill their constitutional obligations to facilitate a reasonable public participation process,” Justice Steven Majiedt said while handing down judgment.

Sunday World has established that the judgment has ruffled the feathers of senior AmaZulu royals and those sympathetic to King MisuZulu kaZwelithini.

An insider who is not authorised to speak to the media said on Wednesday: “It was an unexpected judgment. The king has instructed his lawyers to study the ruling in terms of what implications it has for the throne.”

Invoking the act, President Cyril Ramaphosa recognised MisuZulu as the undisputed king of the AmaZulu nation, and officially handed over the certificate of recognition in a glittering ceremony hosted at Durban’s Moses Mabhida Stadium in October 2022.

Despite being crowned the king of AmaZulu, there is an ongoing legal matter involving MisuZulu’s elder brother and self-proclaimed king, Simakade kaZwelithini, who also eyes the crown.


In his quest to rise to the throne Simakade, born out of wedlock, is supported by other senior royals.

Sunday World understands that the king’s fears were fuelled by sour relations between him and AmaZulu traditional prime minister Prince Mangosuthu Buthelezi.

The rift between the pair came to light when Buthelezi refused to sign answering affidavits in support of MisuZulu in the ongoing court matter.

The hostile relations, which had been denied by Buthelezi, prompted the king to change his legal team without the blessings of Buthelezi.

Customary law experts believe that without Buthelezi’s version, the king will have a weak case which will put his throne in a precarious position.

 

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