Princes challenge validity of meeting that led to naming of AmaZulu king

President Cyril Ramaphosa’s certification of Misuzulu ka Zwelithini as AmaZulu king should be overturned since a meeting of royal family members that identified Misuzulu as the leader of the nation was irregular, the Pretoria high court heard on Wednesday.

Various factions within the Zulu royal family have been vying for the throne since the death of King Goodwill Zwelithini in 2021. Misuzulu is being challenged by his half-brother, Prince Simakade, and his uncle, Prince Mbonisi Zulu, the late king Goodwill’s brother.

The two princess argued that the May 2021 meeting of the royal family was only meant to be part of a consultative process, not where a decision was made. After Misuzulu was named king by the late Mangosuthu Buthelezi, who chaired the meeting, Ramaphosa merely signed off when allegations about the flawed process should have led Ramaphosa to investigate further, they said.

Prince Simakade’s advocate, Alan Dodson said Misuzulu was “prejudged” to be the successor. Ramaphosa also should have noted other court judgments involving the royal family, but he did not, Dodson argued.

Ramaphosa’s legal team countered that those judgments were either abandoned or not on appeal by the time the president made the decision to certify Misuzulu as king.

The princes had not shown any part of the process was irregular, and their claims would only further burden the court with further litigation, they said.

Moreover, the matter had already been decided by the Pietermaritzburg high court in 2022, rendering it res judicata (fully and fairly litigated, and final and conclusive).

Prince Mbonisi’s advocate, Thabani Masuku argued Ramaphosa cannot rely on res judicata. The Pietermaritzburg judgment may have dealt with some of the same parties, but it concerned aspects of the late king’s will and the marital status of one of his wives, Masuku said.

“[Today’s] case is about whether the president acted lawfully ... not about who should be king”. This is the first time the president’s decision is being challenged and the matter therefore cannot be res judicata, Masuku said.

Another of Prince Mbonisi’s advocates, Menzi Simelane, noted the argument “a king is born” and not elected was “not entirely correct”. Simelane pointed to the history of previous kings and how they were identified by elders, often the brothers of the previous king.

Misuzulu was not, according to Mbonisi, identified according to previous customs. The mere allegation that process was not followed was sufficient for Ramaphosa not to certify, in terms of relevant legislation, Simelane said.

Simelane also argued that the meeting where Misuzulu was named king was meant to be part of ongoing consultations. Yet Misuzulu was named as if the decision had been made.

Dodson, for Simakade, also took up the res judicata issue, noting there was nothing in the Pietermaritzburg high court judgment that settled the leadership dispute.

Dodson stressed the current case is the first time Simakade had filed substantive court papers and made any argument. Simakade was only mentioned in previous judgments as a member of the royal family, not as an individual. If the court dismissed Simakade now, based on res judicata, the court would be “strip him of his ... rights”.  

Presiding Judge Norman Davis reserved judgment.

moosat@businesslive.co.za