The ruling of the Gauteng Division of the High Court in Pretoria that found President Cyril Ramaphosa’s recognition of King Misuzulu was invalid plunges the Zulu monarchy into a royal mess of protracted contestation and litigation that could ultimately ruin the institution.
The court ordered the President to appoint a committee to investigate and provide a report regarding allegations that the identification of Misuzulu was not done in terms of customary laws and customs.
As is evident from the litany of court actions by various members of the royal house, while many concur that Misuzulu should not be heir, they do not agree even among themselves about the correct process to identify the heir, or who constitutes the core royal family that should decide such matters.
The one member of the royal family who stood his ground and prevailed over the President to appoint Misuzulu was the late prime minister to the Zulu nation, Mangosuthu Buthelezi.
Against fierce opposition from many senior members of the royal house, he forged ahead with the installation of the new king. However, he died bitter and aggrieved that Misuzulu wasted no time in demonstrating contempt for him as his senior adviser.
They clashed over the appointment of the chairperson of the Ingonyama Trust board. This corporate entity was established by Buthelezi while he was chief minister of the erstwhile KwaZulu government to be a repository for the communal land of the Zulus, with the king as the sole trustee.
Their relationship further soured when reports of allegedly unbecoming conduct by the king continued to surface — much to Buthelezi’s disappointment and the joy of Misuzulu’s detractors.
At some point, it was uncertain whether Buthelezi would back Misuzulu all the way in his legal woes as brothers, sisters, uncles, aunts, cousins and queens litigated against the newly crowned king.
Ramaphosa appointed a mediation panel led by former premier Willies Mchunu to advise him on the succession dispute.
The panel advised him to wait for the court matters to conclude before proceeding with any other action.
“What needs to be done will be much clearer after the judges have pronounced on the issues challenged, which include the challenge to the authenticity of the will itself,” it said.
Recommending a medium to long-term mediation approach, the panel said: “The process of appointing a successor to King Goodwill has left the Royal House badly bruised and cracked,” and added that the judgments may add to current divisions.
Acting king
It even put on the table the idea of an acting king acceptable to all, as court challenges “may prove to be very long”.
Significantly, the panel advised the President that before he recognised anybody as king he should first investigate the issue of succession “through a legally formed investigation team”.
The court has agreed that the President should, in terms of the law, set up a committee to investigate the matter, as Mchunu’s panel was not such a body.
Read more in Daily Maverick: Battle for Zulu throne reignited as King Misuzulu kaZwelithini’s recognition ruled unlawful
The ruling poses several challenges, not only for Misuzulu and the royal house, but for the KwaZulu-Natal government and many political parties that have taken turns to make the long trip to the Nongoma palace bearing gifts to try to ingratiate themselves with the monarch.
Only last week, Julius Malema was there with his Economic Freedom Fighters. And so was a Democratic Alliance entourage.
The court ruling means that political parties will need to tread very carefully now on royal grounds as there is a possibility that Misuzulu could be replaced. While Buthelezi had been firm that the late King Goodwill Zwelithini’s eldest surviving son, Prince Simakade, had renounced his claim to the throne, he is now in contention.
Mchunu’s panel had advised that his matter be investigated properly by the committee to be set up by the President.
What is clear is that while the court battles continue, with appeals possibly going all the way to the Constitutional Court, the royal house is not likely to agree easily on an acting king or heir.
Recent history shows that when King Zwelithini was still too young to ascend the throne, the regent, his uncle Prince Mcwayizeni did not readily step down for the young king in 1971. This was the cause of Mcwayizeni’s conflict with Buthelezi, who pushed for the rightful monarch to take over.
It is also no secret that among senior members of the royal house, in the current succession battle, some entertain notions of stepping in as regents while the children fight it out in the courts.
Two weeks ago the provincial government announced that it had put aside R20-million for Misuzulu’s succession litigation, in addition to the R79.5-million allocated to the Royal Household Trust earlier in the year.
With the court having declared that he was recognised unlawfully, the other royal contenders would be keen to see an even playing ground regarding the allocation of state resources — if any.
As Mchunu’s panel pointed out, the divisions in the royal house are deep. They are not likely to be resolved any time soon by a committee or court of law.
It could well be a fight to the end of the institution of Zulu monarchy — particularly if the state has to withhold the largesse from the taxpayer. DM