The Supreme Court of Appeal has reserved judgment in the appeal by President Cyril Ramaphosa against the High Court judgment that set aside the president’s recognition of King Misuzulu kaZwelithini as King of the Zulu Nation.

The court is also due to rule at a later stage regarding a cross-appeal by Prince Mbonisi and his brother, Prince Simakade, in which they said the High Court should have set aside the identification of King Misuzulu as the new Zulu King.

Judge Norman Davis, in a judgment handed down in 2023, found that Ramaphosa had failed to follow due process in terms of the Traditional and Khoi-San Leadership Act when he failed to institute an investigating committee when a dispute over the Zulu throne arose.

Judge Davis ordered Ramaphosa to appoint an investigative committee into the matter, per the Leadership Act. However, he ruled that King Misuzulu remained on the throne in the meantime.

Advocate Thabani Maskuku, representing Prince Mbonisi, in opposing the appeal, argued that it was the president’s responsibility to ensure that disputes between the Royal Family were resolved before he recognised the now-King Misuzulu as King.

The court was told that the meeting held on May 14, 2021, during which the now-king was identified, was flawed.

It was called by the late Prince Mangosuthu Buthelezi, but the meeting was due to serve as a morning ritual and not a forum during which the new king should be identified.

It was argued that the Royal Family had no representative at the meeting, and absent were some of the most senior members of the Royal House.

Masuku argued that Buthelezi then decided to turn the morning ritual into an identification process to identify the new king. He said custom was not followed as the Royal Family was not the one to choose the new king.

According to him, the president was supposed to put together a committee when disputes arose, to look into how the king was appointed and to allow the Royal Family to elect their next king.

This was not done, Masuku said, adding that the president should also have consulted the KwaZulu-Natal premier and the COGTA minister before he announced Misuzulu as King.

The court was also told that if Ramaphosa had investigated the process of recognising Misuzulu as King, the issues would have been resolved and would not now be the subject of an appeal.

It was said that there are specific Zulu customs that had to be followed and that cannot simply be wished away. The court was told that the matter should be referred back to the Royal Family to do what should have been done.

Advocate Alan Dodson, during his cross appeal, argued that Judge Davis was correct in referring the matter for an investigation.

However, he said the issues should be determined afresh, adding that the matter should not be referred back to the Royal Family, as it would just advance more disputes.

Advocate Morumo Moerane SC this week argued on behalf of Ramaphosa that the identification of King Misuzulu as Zulu King was done in accordance with Zulu customary law at the May 14, 2021, meeting and that Judge Davis’ judgment should be overturned.

zelda.venter@inl.co.za

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