Ingonyama Trust Board Chairperson Advocate Linda Zama and the trust’s Acting Chief Executive Officer Siyamdumisa Vilakazi addressing the media in Pietermaritzburg on Friday in reaction to Land Reform and Rural Development Minister Mzwanele Nyhontso disbanding the board.
Image: Bongani Hans
The Ingonyama Trust Board (ITB) has adopted a defiant posture, stating it will not be bullied into vacating the office, as Land Reform and Rural Development Minister Mzwanele Nyhontso allegedly dissolved it without a prescription of the law.
The board’s Chairperson, Advocate Linda Zama, and the trust’s Acting Chief Executive Officer, Siyamdumisa Vilakazi, whose job is also on the line, put up brave faces on Friday when they addressed the media at the ITB offices in Pietermaritzburg.
They said they would not allow Nyhontso to breach the KwaZulu-Natal Ingonyama Trust Act without facing a legal challenge.
The tension between the current ITB was laid bare when Nyhontso had announced its disbandment on Wednesday.
Vilakazi, who has fully thrown his weight behind the board, said it was an unlawful course of action.
He said he, the board, and its lawyers were hard at work preparing legal documents to approach the Pietermaritzburg High Court, seeking to nullify the disbandment.
“We are filing today (Friday), and hopefully we will be in court on Monday or Tuesday.”
Vilakazi stated that the board members received letters terminating their membership, effective immediately, shortly after 11pm on Wednesday. This means they were required to vacate their offices from 8am on Thursday. He characterised this timing and action as “nefarious” until a court ruling is issued.
However, by Friday, Zama was still in the building, holding meetings, including the media briefing.
The board, according to Vilakazi, was within its legal rights to disregard the unlawful disbandment.
“Whether we are here by force or not, it is not a question for us, as we are not to force the stopping of the working of ITB through the whim of the paper that we think is illegal.
“However, what we see and hear from this conversation (questions from journalists) is that our security is at risk because we are then sitting here by force, which implies that we must be removed by force, which is dangerous.
“We are not here by force, but we are here because we have been advised legally that the actions are unlawful,” said Vilakazi.
He said in the country, there was no one above the law to take a decision without expecting to be challenged in court.
“Even if the president instructs you to do something illegal, you have a right to refuse that illegal and unlawful instruction.
“Even in the rules of labour, employees are allowed to review unlawful and illegal instructions, and that is exactly what the board had done.”
After learning that Nyhontso intended to take action against the board, the ITB contacted its attorneys on December 11, 2025.
The lawyers subsequently wrote to the minister, stating that his contemplation of placing board members on special leave was equivalent to a suspension, a power they asserted the minister did not possess.
“They further recorded that no lawful process had been followed and board members had not been furnished with charges or afforded fair opportunity to respond. No response has been received from this communication,” Vilakazi said.
He said on March 10, board members were shocked to receive letters indicating an intention to terminate their membership on the basis of governance instability.
“Members were only given three business days to respond, but there were no specific allegations or misconduct articulated.
“The board, through its attorneys, responded by March 12, recording that the process was purportedly hollow, irrational, and unlawful.
“On March 18, at approximately 23.15 in the evening, members of the board began receiving letters terminating their membership with immediate effect, retrospectively vacating from 8am the next morning.”
He said there are also attempts to remove him as the acting CEO and terminate his employment.
“That effort appears to be driven in part by senior officials in the department who themselves do not appear willing to read and apply the law properly.
“The minister has referred to me in personal terms and has allegedly instructed that I must be removed.
“Those statements are deeply improper. They are personal, malicious, and dangerous, as what is being attempted is an unauthorised extension of control over the trust employees, who report to the board, not to the department,” he said.
Zama said the dissolution of the board was causing unnecessary instability in the trust, which is responsible for the administration of approximately 2.8 hectares of the communal land in KwaZulu-Natal’s rural areas.
“This abrupt and unlawful intervention risks disrupting ongoing programmes, undermining investor and stakeholder confidence, and delaying critical development initiatives that directly benefit communities,” she said.
She said over the past three years since, the board has achieved “measurable” progress in strengthening governance, improving compliance, and advancing development initiatives.
“The timing and nature of this decision give rise to serious concern that it may undo the gains achieved in governance reform and institutional stability, interrupt long-term strategic initiatives designed to uplift rural communities, and reverse efforts aimed at enhancing transparency, accountability, and performance,” said Zama.