Zulu king fumes about government ‘overreach’, wants less state oversight of Ingonyama Trust

27 Oct 2024

As the sole trustee and chairperson of the trust, the king resents having to account for ‘his land’.

The Ingonyama Trust has been a source of conflict between the government and the Zulu monarch since it was founded in 1994. The trust, which administers the communal land of the Zulu nation, emerged from a secret deal between the National Party and the IFP, which had planned to boycott the first democratic elections before the deal was struck.

With King Misuzulu kaZwelithini as its sole trustee, the trust controls about 28,000km² or 29% of KwaZulu-Natal land.

In February, Misuzulu fired Thanduyise Mzimela, then chairperson of the Ingonyama Trust Board, and took the helm himself.

“His Majesty will chair the Ingonyama Trust Board to bring stability and to enhance the role of amakhosi in it,” said Thulasizwe Buthelezi, prime minister of the Zulu nation and the mouthpiece of the king. “He has informed the minister and asked the minister to publicise that [decision].”

After Mzimela’s firing, at least one other member of the board resigned, citing personal reasons.

Buthelezi declined to answer questions pertaining to the king or his government work, directing them to the office of KwaZulu-Natal premier Thami Ntuli. Ntuli had not commented by the time of publication.

Customary law

Since early this year, Misuzulu has been fuming about government overreach, saying he wants to do away with the Department of Land Reform and Rural Development’s oversight function.

The Ingonyama Trust is located in the department, so, like all public entities, its finances and governance are audited regularly. But the king wants to be the sole arbiter of the land and do away with the trust and other government restrictions.

The land in question is divided according to clans under the leadership of traditional leaders (amakhosi), who in turn are responsible to the king in terms of customary law. This is why the king is the only trustee of the trust, which collects taxes, rents and other benefits from residents and businesses using the land.

But there have been accusations that the land benefits only certain individuals and there is little evidence of collective prosperity for the communities living on it. The trust has also been accused of lacking accountability and allegations of rampant corruption have been levelled against it over the years.

At least two government-sanctioned reports recommended that the Ingonyama Trust Act be repealed and people living on the land under it be awarded title deeds. But the late King Goodwill Zwelithini threatened war if such action was ever taken.

The Congress of Traditional Leaders of South Africa also contends that the Ingonyama Trust Act cannot be repealed, amended or dissolved without the king’s approval – by customary law.

In May, Misuzulu accused the government of trying to curtail his power by weakening traditional leadership to defraud the Zulus of their land. He threatened to take the government to the International Court of Justice.

A member of the Zulu royal family, who is close to Misuzulu, said the king feels undermined in that he has “to account to government officials on matters about his land”.

Misuzulu also wanted to fire the entire Ingonyama Trust Board and its CEO, advocate Vela Mngwengwe, accusing them of insubordination. At least seven members of the board are still serving, as is Mngwengwe, who remains answerable to the Department of Land Reform and Rural Development, much to the chagrin of the Zulu king.

Linda Page, spokesperson for the Gauteng Department of Land Reform and Rural Development, downplayed the apparent dispute with the Zulu king over the Ingonyama Trust.

“There’s no dispute between the King and National Government about Ingonyama Trust. Ingonyama Trust is established through an Act of Parliament. Its authority and responsibilities are defined in the founding statute. Any matters… can be resolved within the context of the existing statutes,” said Page.

Linda Zama, deputy chairperson of the Ingonyama Trust Board, told Daily Maverick that it is working normally: “There is no dispute. Certain statements have been circulating in social media about this purported dispute, but it’s not real.”

Jerome Ngwenya, who served as the chairperson of the board for many years until he was unceremoniously removed in 2023, is still the head of Ingonyama Holdings, in which the board is the 100% shareholder and which keeps the funds and taxes collected from the land under it. He was not available for comment.

A source who is close to this matter but requested anonymity for fear of reprisals, said there are shenanigans in the trust. “This is a murky area, surrounded by mistrust, leaks and other things. There are high stakes around that land as some see it as an asset to be exploited financially,” he said.

“Remember, engagements between the trust and the king cannot be direct. They are always mediated through go-betweens or middlemen and the middlemen from the [king’s] side are impacted and influenced by issues and disputes in the royal family.” DM

This story first appeared in our weekly Daily Maverick 168 newspaper, which is available countrywide for R35.

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