AmaZulu throne battle: Ramaphosa argues he recognised King Misuzulu, not appointed him

President Cyril Ramaphosa’s lawyer has stressed that the president did not appoint King Misuzulu kaZwelithini as monarch of the Zulu nation, but rather recognised him in accordance with South African law.

Ramaphosa is appealing a 2023 ruling that set aside his recognition of King Misuzulu as the rightful heir to the Zulu throne.

While the Gauteng High Court in Pretoria did not order the king’s removal, it directed the president to appoint a committee to investigate whether there had been any violations of customary law during King Misuzulu’s identification process.

King Misuzulu ascended to the throne following the deaths of King Goodwill Zwelithini kaBhekuzulu and Queen Regent Mantfombi Dlamini in 2021.

Ramaphosa then officially presented King Misuzulu with a certificate of recognition at Moses Mabhida Stadium in Durban, KwaZulu-Natal (KZN) on 29 October 2022.

Ramaphosa defends King Misuzulu’s recognition in SCA

During proceedings before the Supreme Court of Appeal (SCA) in Bloemfontein on Wednesday, Advocate Marumo Moerane, representing Ramaphosa and the Department of Cooperative Governance and Traditional Affairs (Cogta), argued that the case was not about the legitimacy of the Zulu royal dynasty or King Misuzulu’s fitness to rule.

Instead, it concerned whether the president had acted lawfully in recognising him under the Traditional and Khoi/San Leadership Act.

He asserted that King Misuzulu had already been identified by both the AmaZulu royal family and the courts.

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Moerane contended that the high court had erred on key issues, including the lawfulness and rationality of the recognition, the interpretation of section 8(4) of the Act, and the application of the legal doctrine of res judicata.

The res judicata principle means that if a court has already made a final judgment on a particular case, the same issue cannot be brought before the court again by the same parties.

“Therefore, the recognition decision should be reinstated,” he told the SCA.

Court approved process identifying King Misuzulu as heir

Moerane also emphasised that the president’s role was not to elect a king.

“His function was not elective, but confirmatory. We submit that the legal framework does not permit the president to substitute his own judgment for that of the royal family.

“The entire design of the Act respects and protects customary autonomy. We ask this court to uphold the finality of an identification confirmed by judicial process and the legality of statutory recognition based thereon.”

He further pointed out that King Misuzulu’s identification took place on 14 May 2021, and the KZN High Court had ruled in March 2022 that the process complied with Zulu customary law.

He maintained that because the court outcome was neither appealed nor overturned, it remains binding and final.

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Therefore, the president’s recognition of King Misuzulu was lawful.

Moerane emphasised that the president should not be forced to reconsider a “factual issue” that has already been resolved by a court.

“To permit the issue to be reopened would undermine not only the president’s constitutional function, but the authority of the courts.

“Once a high court has confirmed the lawfulness of an identification process, it is subversive of the rule of law for a different branch of government or another court not sitting as the court of appeal to second-guess the same facts under the guise of a new review.”

In addition, Moerane also argued that Ramaphosa did not make the recognition hastily, but rather relied on the KZN High Court’s ruling, minutes from the royal family meeting, and a letter from the provincial premier’s office indicating that the royal family had met and identified a new king.

Counterarguments on customary law

In response, Advocate Tembeka Ngcukaitobi, representing Prince Simakade Zulu, contended that the recognition did not adhere to customary law.

Ngcukaitobi stressed that courts have a duty to apply customary law where relevant.

He questioned the legitimacy of a royal family meeting in May 2021, during which the late Inkatha Freedom Party (IFP) leader and Zulu Prince Mangosuthu Buthelezi declared that King Misuzulu had been unanimously chosen as heir.

READ MORE: Zulu King Misuzulu and his ‘queen-to-be’: Controversy at Isandlwana commemoration

“It vehemently disputed that this meeting could have salvaged Prince Buthelezi’s case given the fact that this meeting was called under false pretence and it was intended for the ironing of differences between Prince Buthelezi, Prince Mbonisi [Zulu], Princess Thembi [Zulu-Ndlovu] on the other,” Ngcukaitobi said.

He argued that a clear distinction must be made between the role of the royal family and the customary process of identifying a king.

Ngcukaitobi described the latter as a “pure customary practice”.

“Two seems to be conflated. The insertion of the royal family into the identification is a statutory requirement, which we accept must be fulfilled. But it is not customary requirement.”