The legal teams of the three factions vying for the Zulu throne battled it out in the Supreme Court of Appeal in Bloemfontein, with each arguing its case before a full bench on why its version should reign.
This was on the first day of the appeal on Wednesday after Judge Norman Davis of the Pretoria High Court in December 2023 set aside the 2022 recognition of King Misuzulu as the king of the Zulu nation.
That forced President Cyril Ramaphosa to appeal the ruling with the SCA. This with hopes for a different outcome that would maintain the current status quo in the Zulu kingdom.
Misuzulu reign challenged
Ramaphosa’s lawyer, Advocate Marumo Moerane SC, told the appeals court that to second-guess the decision by Ramaphosa now is going to invite uncertainty and if the prayers by Prince Simakade to have the president to initiate a fresh process would amount to “judiciary supervision over a discretional executive function”.
He added that the recognition of King Misuzulu by Ramaphosa was lawful. He said it was rational and in full compliance with the Khoisan leaders Act. And there was no duty on his part to initiate an investigation after.
“The high court order setting aside the recognition decision, we submit, should be reversed. And we ask that the appeal be upheld, that the recognition decision be reinstated. We ask that the review application (by Prince Simakade) is dismissed with costs,” Moerane submitted to the court.
Arguing on behalf of King Misuzulu, Advocate Temba Ngcukaitobi told the court that the parties are arguing the same matter that former Pietermaritzburg High Court judge, Isaac Madondo, dealt with in a March 2022 ruling, even though the parties were different.
Matter already dealt with
“What is intolerable is to keep litigating the same matter. Now, if you look here in this case, what are the issues that we are dealing with? We are dealing with the issue of the validity of the meeting of 14th of May (2021) as to whether or not that meeting was properly composed or not. Judge Madondo has dealt with that. We are dealing with the issue of whether the succession was done according to customary law. Judge Madondo has dealt with that.
“We are dealing with the issue as to whether there are any other contenders in customary law for the Zulu kingship. Judge Madondo has dealt with that. So, there are now new issues that have arisen in the litigation before Judge Davis. These did not arise for resolution in the litigation before Judge Madondo.
“And so… even if it’s not the same parties. But if it’s the same issues and it has been finally determined, the rule of law requires finality on that issue. This issue has been litigated, it has been finalised. The Judge (Davis) knew that and he accepted that… The wheels came off when he was dealing with the recognition issue. Where he then reopened the entire thing again,” Ngcuakaitobi argued before the court.
Advocate Thabani Masuku SC, who is representing Prince Mbonisi, argued that he process was flawed. Mbonisi is a third party in the matter who wants the process to identify as new Zulu king to be started afresh. Masuku came in after Ngcuakaitobi.
Prince Mbonisi
Prince Mbonisi is the brother to the late King Goodwill Zwelithini and King Misuzulu’s uncle. He is backing Prince Buzabazi for the throne.
Masuku told the court that Prince Mbonisi’s argument is that only uncles and other members of the royal family should take part in the process to identify a new King. Princes and Princess (Amazinyane, children of the departed King) and Queens are not allowed to take part in the process. Yet they were allowed when King Misuzulu was purportedly identified.
Masuku would finish his arguments on Thursday and pave the way for Prince Simakade’s legal team. And thereafter, there would be closing arguments by all parties. The judgment would likely be reserved.
