Mbabane- The Supreme Court of Appeal has set aside the 2023 judgment by Pretoria High Court by Judge Norman Davis which ruled that President Cyril Ramaphosa erred when he recognised King Misuzulu as the leader of the Zulu nation.
In a judgment handed down on Monday, the court set aside the previous judgment, handing a setback to Prince Simakade’s bid to claim the prestigious throne.
The court also dismissed an application by Prince Mbonisi who wanted the process to identify a new Zulu king be started afresh, claiming that the process was flawed.
“The first (Ramaphosa) and second (King Misuzulu) appellants’ appeal is upheld,” the SCA said in its ruling.
The SCA found that Pietermaritzburg High Court Judge Isaac Madondo concluded that there was no dispute for the Premier of KwaZulu or the President to investigate and to refer back to the Zulu Royal Family for consideration and resolution in terms of s 8(4) of the Leadership Act.
“In the circumstances, the high court erred in reviewing and setting aside the recognition decision and remitting the matter to the president for him to establish an investigative committee.
“The fact of the matter is that by the time that the president took a decision to recognise Prince Misuzulu, there was neither evidence nor allegations that the Zulu customary law and customs were not complied with in the identification of Prince Misuzulu,” it said.
In its judgment, the appeals court also said it was clear that Ramaphosa consulted with the then KwaZulu-Natal Premier, Sihle Zikalala, before he recognised the King, hence Prince Simakade’s claim that there were no consultations falls away.
“In my view the President, as required by the Leadership Act, consulted with the Premier before deciding to recognise Prince Misuzulu as the rightful king. It therefore follows that Prince Mbonisi’s attack on the recognition decision based on the President’s failure to consult with the Premier, must also fail,” reads the SCA ruling.
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