Durban – On Tuesday this week Prince Simakade Jackson Zulu, the first-born son of the late King Goodwill Zwelithini launched his long-mooted court case to have the recognition of Misuzulu kaZwelithini as the king of the Zulu nation set aside by the North Gauteng High Court.
The court case became one of the many court cases members of the Zulu royal family have waged over the throne and estate of the late king who passed away in March last year.
Other than the battle over the throne and the will, there have been other legal battles that have been waged and King Misuzulu and his traditional prime minister, Prince Mangosuthu Buthelezi, have emerged victorious in many of them.
Queen Sibongile Dlamini-Zulu versus King Misuzulu, Mangosuthu Buthelezi and others
The first court battle that took the Zulu nation by surprise was the one which was launched by Queen Sibongile Dlamini-Zulu shortly after the King’s death. The Queen argued that she was the first wife and they were married in community of property.
As such, half of the King’s estate should be bequeathed to her as the only lawful one as their civil rites marriage with the King prohibited him from marrying others.
The lawyer of King Misuzulu, Advocate Griffiths Madonsela SC told the court that the civil rites law did not apply to people living in bantustans until very late, hence that argument does not stand.
In his ruling, KwaZulu-Natal deputy judge President, Isaac Madondo, dismissed the estate application, saying it was vague.
He told the applicant and her lawyer that she must be specific about which part of the King’s estate she is referring to as the estate is vast and has many components she cannot claim.
King Misuzulu won.
Prince Mbonisi versus King Misuzulu and Buthelezi over coronation
Towards December last year, Prince Mbonisi rushed to the Pietermaritzburg High Court to interdict the coronation of King Misuzulu.
He told the court that he heard that was going to happen on December 3, 2021.
However, the court said the application was based on rumours and told him to join a similar court challenge which was brought by Princess Ntandoyenkosi and Princess Ntombizosuthu Zulu-Duma.
The Princesses wanted the coronation of King Misuzulu stopped, saying his nomination was based on a fraudulent will.
In the end, Madondo, after hearing the cases of the three, ruled that Prince Mbonisi has no “locus standi” to even make that application.
On the part of the princesses, he ruled that their case should be head separately and even if the will was forged, as they alleged, it has no bearing on the issue of succession.
Madondo ruled that the succession issue is based on customary law, not dictated to by a will.
And, King Misuzulu meet all the criteria as he is the first born son of the late great wife, Queen Mantfombi Dlamini-Zulu (not related to Queen Sibongile) who was a royal from the monarch of Eswatini.
King Misuzulu won again.
Prince Mbonisi’s court case to stop King Misuzulu from addressing Isandlwana commemoration
On the morning of the commemoration of the battle of Isandlwana on January 22 this year, Prince Mbonisi once again dashed to the Pietermaritzburg High Court to stop King Misuzulu from addressing the event in Nquthu.
He claimed that he was no King and there matter was still up for a final decision by the royal family.
The court dismissed the application, saying the Prince has no right to bring such an application and King Misuzulu won again.
Prince Mbonisi, Vulindela and Mxolisi court case to halt King Misuzulu’s coronation
Towards the end of July this year, Prince Mbonisi once again dashed to the North Gauteng High Court in Pretoria high court to stop the coronation of King Misuzulu which was billed for August 13 halted.
He claimed that there was an ongoing court case regarding the Zulu throne and if the coronation is allowed to go ahead, there will be no redress for them.
Hitting back, advocate Madonsela said that was not true as it has been demonstrated that a sitting King can be dethroned.
In the end, Judge Noluntu Bam struck the matter off the roll saying it lacks the urgency cited by the three applicants and they were ordered to pay legal costs.
Again, King Misuzulu won and he is now set to be coronated on October 29, 2022.
Princess Ntandoyenkosi and Princess Ntombizosuthu Zulu-Duma to stop King’s kraal ritual
On the 19th of August this year, Queen Sibongile Dlamini and her two daughters, Princess Ntandoyenkosi and Princess Ntombizosuthu scored a rare court victory when the Supreme Court of Appeal granted them leave to appeal Judge Madondo’s ruling.
In the thick of the night on the day of their court victory, their lawyer, advocate Bethuel Thusini of Vryheid wrote to the king and his lawyers, telling them to halt the ritual of entering the kraal which was billed to take place at KwaKhangelamankengane palace.
The king and his lawyers told them to file urgent papers and they did not.
On the morning of the ritual, they dashed to the Pietermaritzburg High court to interdict the ritual.
They were not so lucky as Judge Thomas Ncube struck the application off the court roll, saying it was not urgent.
King Misuzulu won and he went ahead with the ritual of entering the scared royal kraal, the last rite before the public coronation.
sihle.mavuso@inl.co.za
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