Durban — The Zulu royal family has dismissed the notion that King Misuzulu is no longer on the throne following Monday’s judgment which set aside his recognition by the South African government.
The king and the royal family’s spokesperson, Prince Africa Zulu, told the Daily News on Tuesday that although the king and the royal family were still studying the judgment, they had noted that the order was against the president’s decision, not the royal family’s decision which appointed the king in terms of the customary law.
“We don’t want to speak much about this since we are still processing the judgment, but our understanding is that the judge ruled against the president’s role in the process which does not affect the throne since he was already a king when he was handed with a certificate,” said Prince Africa.
The royal family’s position was backed by the African cultural experts Professor Jabulani Maphalala and Dr Gugu Mazibuko, who said that historically the government’s recognition of Zulu kings had always been secondary.
They added that it always followed after the nation has already installed the king through traditional rituals and ceremonies, such as strangling the bull in the kraal and entering the kraal (ukungena esibayeni).
Maphalala said that according to custom King Misuzulu was already on the throne when he attended the issuing of a recognition certificate by the president in October last year. He added that the only difference in the judgment would be government benefits which might be suspended pending the new process by the president.
Mazibuko backed Maphalala, saying the recognition by the government was an affirmation of the royal family’s decision, not an appointment or installation.
“According to the African tradition, the real coronation was in August when the king went to kill the lion, and if he was not the king yet he would have died there, so his completion of those rituals including ukungena esibayeni was an installation process. What happened at Moses Mabhida Stadium two months later was a formality, so there is no leadership vacuum,“ said Mazibuko.
The royal family’s position was also supported by the king’s legal team, who said Judge Norman Davis did not set aside the May 14, 2021, royal family meeting, which meant that in terms of the customary law, the king was properly identified as king of the Zulu nation.
Reacting to the judgment, the king’s instructing attorney, Ross Richards, said the most fundamental finding of this order was part 36 of the judgment which read as follows:
“I therefore find that the plea of res judicata raised on behalf of the respondents is good and it is not open for this court to overturn the judgment of Madondo AJP, which is what would happen if the principal relief, namely the review and setting aside of the identification decision of 14 May 2021, were to be ordered.”
He said this meant that in terms of the customary law, the king was properly identified as the king of the Zulu nation, adding that the only reservation by the court was the procedure adopted by the president to recognise the identification.
Last year, Judge Mjabuliseni Madondo ruled that the May 14, 2021, meeting was properly constituted and dismissed Prince Mbonisi’s application to interdict King Misuzulu’s coronation where he was handed the kingship certificate by Ramaphosa at Moses Mabhida Stadium in October last year.
Prince Simakade’s spokesperson, Prince Thokozani Zulu, said their side welcomed the judgment because it was consistent with what they have been saying, that the president did not follow the correct procedures when he recognised the king. Prince Thokozani said his side had no problem with the judge not setting aside the May 14 meeting, adding that they will deal with it in the investigation which the court ordered the president to initiate.
On Monday, Judge Norman Davis delivered his much-anticipated order setting aside the king’s appointment by President Cyril Ramaphosa in March last year.
The application was brought by Prince Mbonisi Zulu and the king’s half-brother, Prince Simakade Zulu, who both asked the court to declare Misuzulu’s recognition as the king invalid and unlawful.
Delivering his judgment, Judge Davis ordered that the president appoint an investigating team to look at whether King Misuzulu was appointed in terms of the customary law or not.
The judge also blamed the president for ignoring the recommendations of the mediation team led by the former KwaZulu-Natal premier Willies Mchunu, which recommended that the president appoint a team to investigate whether all due customary law processes were followed when the royal family met and appointed the then prince Misuzulu to be king.
WhatsApp your views on this story to 071 485 7995.
Daily News