King Misuzulu kaZwelithini's ascension to the throne of the Zulu kingdom is due to face more legal scrutiny. The latest bid to oust him is being raised with the Constitutional Court by some opposing members of the Zulu Royal family.
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The long-running battle over the Zulu throne has entered a critical new phase, with senior royal family members making a final legal push to reopen the case at South Africa’s highest court.
Prince Mbonisi, uncle to King Misuzulu kaZwelithini, together with 23 members of the royal family, has approached the Constitutional Court seeking to overturn its earlier refusal to grant them leave to appeal the king’s official recognition.
In court papers filed last month, Mbonisi asked the apex court to reconsider and rescind its February judgment, which dismissed their application to appeal against a ruling by the Supreme Court of Appeal (SCA). The SCA had previously overturned a Pretoria High Court decision that favoured Mbonisi and Prince Simakade’s challenge to President Cyril Ramaphosa’s recognition of Misuzulu as AmaZulu monarch.
Mbonisi confirmed the latest application, stating that the royal family was requesting an opportunity to present oral arguments before the court. Central to their case is the claim that the meeting which identified Misuzulu as king included individuals who were not legitimate members of the royal family.
In a veiled reference to the late Inkosi Mangosuthu Buthelezi, who chaired that meeting, Mbonisi said: “You can be our close relative, and we referred to you as our uncle, but that did not make you a family member.”
In his founding affidavit, Mbonisi described himself as a senior royal family member and the eldest surviving brother of the late King Zwelithini kaBhekuzulu. He argues that, by custom, he should play a central role in identifying a successor to the throne.
He further contended that the decision by President Ramaphosa to recognise Misuzulu breached provisions of the Leadership Act, particularly Sections 8(1)(a) and 8(4).
“The royal family and I applied to the court for leave to appeal. This court dismissed our application for lack of prospects of success. The royal family, however, submits with the greatest respect that this court erred,” Mbonisi stated.
To support his application, he cited the case of Mothulwe vs Labour Court, where the Constitutional Court agreed to rescind its own earlier ruling and reconsider the matter.
Mbonisi also argued that the lower courts failed to properly consider the doctrine of res judicata, noting that the issue of identifying the king had already been addressed in an earlier Pietermaritzburg High Court ruling by Judge Mjabuliseni Madondo. While the Pretoria High Court declined to overturn that ruling, Mbonisi maintains that res judicata is not absolute and should not have barred reconsideration.
He further pointed to conflicting judgments between the Pretoria High Court and the SCA as evidence that the matter warrants full consideration by the Constitutional Court.
Meanwhile, Prince Simakade has distanced himself from this latest legal challenge. His spokesperson, Prince Thulani Zulu, confirmed that while they disagree with the Constitutional Court’s earlier decision, they are not part of the current application.
The two factions also differ on succession, with Mbonisi reportedly supporting Prince Buzabazi Zulu as an alternative claimant to the throne.
DAILY NEWS