Royal battle underway in the SCA
President Cyril Ramaphosa’s legal team yesterday maintained that the identification of King Misuzulu as Zulu king was in line with Zulu customary law.
The President is challenging a Gauteng High Court (Pretoria) ruling which found that his recognition of the monarch was unlawful and invalid.
As previously reported, the rivalry has moved to the SCA, where Ramaphosa’s decision to recognise Misuzulu kaZwelithini Zulu as king is being scrutinised.
The hearing arises from two separate cases – one from King Zwelithini’s half-brother, Prince Mbonisi Bekithemba kaButhelezi, and one from the late king’s firstborn son, Prince Simakade kaZwelithini Zulu. They were heard together and resulted in a single judgment by Judge Norman Davis.
All the parties – Mbonisi, Simakade, King Misuzulu and the President – take issue with different parts of Davis’ judgment and want different outcomes from the appeal court.
EWN reports that Misuzulu’s uncle, Prince Mbonisi and his brother, Prince Simakade, approached the court claiming that the identification of the king was not done properly.
They said that some members of the royal family were not consulted on the matter.
However, Ramaphosa’s lawyer, Advocate Morumo Moerane SC, said this had already been tested in court.
The Cape Argus reports that Moerane said it was the right of the President to identify the king, if he had already been identified by the royal family in terms of customary law.
The question is not whether King Misuzulu is the suitable king, but whether the President has acted lawfully in confirming the king identified by the royal family, Moerane argued.
King Misuzulu ascended the throne in 2022 when his parents, King Goodwill Zwelithini, and his mother Queen Regent Mantfombi, died months apart in 2021.
A meeting in May 2021 was held by the Zulu royal family, where the name of then-Prince Misuzulu emerged as the successor, which Prince Simakade did not attend.
‘The rule of law demands an end to this matter. The identification was done in terms of customary law and the issues had already been resolved during litigation,’ said Advocate Tembeka Ngcukaitobi SC, who is also acting for King Misuzulu.
The Cape Argus notes that Moerane said Ramaphosa did not elect the king. He simply confirmed the one which was already identified.
It was meanwhile argued on behalf of Prince Mbonisi and his brother, Prince Simakade, that it is their right to identify an heir.
The court was told that they did not have a preferred candidate in mind, but all they wanted was the right to identify the next king in terms of customary law.
The case continues.
Article disclaimer: While we have made every effort to ensure the accuracy of this article, it is not intended to provide final legal advice as facts and situations will differ from case to case, and therefore specific legal advice should be sought with a lawyer.





