Zulu King Goodwill Zwelithini’s Ingonyama Trust was on the receiving end of a decision by the Land Claims Court, when it ruled his ‘subjects’ were entitled to hold land in their names if they so wish. According to Rapport, the Ingonyama Trust intervened in a successful land claim by Zulu communities over 11 000ha of land adjacent to the trust land.

The current 30 owners and state reached an agreement in principle to transfer the land to the Entembeni, Makhassameni and Mthonjaneni communities, but the trust asked the court to order that the land be held by the trust on behalf of the communities to prevent ‘conflict, chaos, and bloodshed’.

The majority of claimants live on trust land and accept the authority of the king. The trust argued that customary law and the will of the Zulu nation should be taken into account.

Acting Judge MP Canca last week rejected this argument, saying the fact that the communities had formed community property associations and elected trustees to manage the land shows they intended to own the land themselves. There is no reason why the court should give preference to the wishes of the trust.

Canca noted the court does not usually make costs orders, but the facts of the case were so extraordinary it decided to order the Ingonyama Trust to pay costs.

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The king’s supporters in northern KZN say they will go to the Constitutional Court to challenge the judgment, notes a Cape Argus report. Speaking on behalf of claimants who wanted the Ingonyama Trust Board to be in charge of the claimed land, Mandla Zulu said: ‘We went to court as we believed that we belong under the Ingonyama Trust; therefore we want the title deed for the land to be handed to the Ingonyama Trust. Obviously we are going to appeal, and we are going to the Constitutional Court.’

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