President Cyril Ramaphosa will apply for leave to appeal the Gauteng High Court ruling, which set aside his recognition of Zulu King Misuzulu, declaring it unlawful and invalid.
The North Gauteng High Court, Pretoria, ruled on Monday that Ramaphosa had failed to follow due process in terms of the Traditional and Khoi-San Leadership Act 3 of 2019, also known as the Leadership Act, when he failed to institute an investigating committee when a dispute over the throne arose.
Judge Norman Davis slapped Ramaphosa with a cost order and ordered Ramaphosa to appoint an investigative committee in accordance with the leadership Act.
The committee would be expected to conduct an investigation and provide a report in respect of allegations that the identification of King Misuzulu was not done in terms of customary laws and customs.
Presidency spokesperson Vincent Magwenya said the president had studied the judgment and had now decided to file for leave to appeal.
“President Ramaphosa has noted the judgment of the High Court of South Africa, Gauteng Division, setting aside the recognition of AmaZulu King Misuzulu kaZwelithini.
“The court further ordered the president to institute an investigative committee to investigate allegations of violation of customary laws in the identification of King Misuzulu.
“Following a study of the judgment, the president will apply for leave to appeal against the judgment. During the course of these legal processes, His Majesty King Misuzulu remains the identified heir to the throne.
“President Ramaphosa calls on all members of the Royal family to continue working for the unity of ubukhosi bakwaZulu and to prioritise the interest of His Majesty's subjects. It is vital that all due processes are allowed to reach their natural conclusion without inflaming tensions”, he said.
Meanwhile, the court also said King Misuzulu remained the king of the Zulu nation.
“The question that came before this court was not to make a determination as to who should be king of the AmaZulu. The applicants didn't ask the court to determine that issue. The applicants brought two review applications, and the court was required to determine those,” Judge Davis wrote.
Judge Davis was asked to determine whether King Misuzulu was correctly appointed king per Zulu customs, which he said he could not do, as Acting KZN Judge President Isaac Madondo had already ruled on the matter in a February 2022 judgment in the KZN High Court in Pietermaritzburg.
The other matter Davis ruled on was whether Ramaphosa had acted in accordance with the Leadership Act, where he found that Ramaphosa had bungled when he failed to refer Princess Thembizulu Ndlovu’s complaint before an investigating committee of experts.
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