The High Court in Pretoria has nullified President Cyril Ramaphosa’s decision to recognise King Misuzulu kaZwelithini as the king of AmaZulu.
The court ruling has ignited an epic battle for the Zulu throne.
King Misuzulu was crowned king in a ceremony held at Durban’s Moses Mabhida Stadium in October 2022.
During the ceremony, President Ramaphosa handed a certificate of recognition to King Misuzulu during the ceremony that was attended by thousands of people, kings, queens, and warriors.
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During the ruling on Monday, December 11, the court noted that Ramaphosa failed to ensure all requirements were made in recognizing Misuzulu as king.
This was after Prince Simakade Zulu, a half-brother of King Misuzulu, filed an application challenging Ramaphosa’s decision to recognise Misuzulu as King of AmaZulu.
Reading his judgment on Monday, Judge Norman Davis, said: “The judgment is not about 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,” stated Judge Norman Davis during the ruling.
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However Judge Davis emphasized that his judgment should not be interpreted as setting aside Misuzulu’s kingship or annulling him as the legitimate heir to the AmaZulu throne.
“In respect of the first question, [Judge Isaac Madondo] had already pronounced in related litigation in the KwaZulu-Natal Division, Pietermaritzburg on 2 March 2022 that King Misuzulu is the rightful heir to the throne.
“Even if that decision is being attacked this court cannot sit as a Court of Appeal and that decision is regarded as something which has already been decided,” Judge Davis ruled.
According to Judge Davis, the case before him was seeking to determine whether President Ramaphosa followed the Traditional and Khoi-San Leadership Act 3 of 2019 in issuing the certificate to Misuzulu.
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At the same time, the Judge ordered Ramaphosa to form a committee of experts on Zulu royal matters to investigate and determine the rightful heir to the throne.
Consequently, the judgement has opened the AmaZulu king’s succession battle to the late King Zwelithini kaBhekuzulu’s sons.
