The battle for the Zulu throne continued today at the Gauteng North High Court in Pretoria, with President Cyril Ramaphosa submitting his reasons behind recognising King Misuzulu KaZwelithini . Misuzulu's half-brother, Prince Simakade Zulu, wants the court to set aside the meeting that led to Misuzulu's coronation as the Zulu king. Meanwhile, Misuzulu's uncle Prince Mbonisi is another applicant who wants the court to set aside appointment of Misuzulu as Zulu King and his position to be taken by his half-brother Prince Buzabazi.
Ramaphosa is the first respondent in the ongoing court battle. Simakade argued in his founding affidavit that he is Queen Mantfombi Dlamini-Zulu's son by "affiliation" following the custom of "ukufakwa esiswini (a cultural practise to accept the an illegitimate child) and therefore, as the king's firstborn son from the Great Wife (Queen Mantfombi), he is the rightful heir to the throne." MisuZulu argued in court papers that there is no merit in Simakade's claim to be the heir the throne on the principle of "ukufakwa esiswini."
Advocate Marumo Moerane representing President Ramaphosa submitted that as the first respondent, his decision to recognise King Misuzulu was "reasonable." In his founding affidavit, Ramaphosa said his decision to appoint Misuzulu was not reviewable and denied that his decision was reflected and was casually connected to the bad and in favour of Misuzulu. "Misuzulu was identified in accordance with customary law and customs as the rightful heir to the throne. I deny that I failed to comply with the mandatory procedures and conditions in the empowering provisions of the Leadership Act, Section 8(4) and (5) of the Act were not triggered and this is evidently clear in the judgment where it was held that the letter sent by Princess Thembi Ndlovu addressed to me did not comply with the provisions of the Section 8 (4)," the President said.
"Accordingly, there was no need for me to act in accordance with those provisions. I deny that my conduct amounted to procedural unfairness in not giving the applicant or his close advisers the opportunity to make representations in response to the report of the mediation panel. There is no provision in law that obliges me to act in that manner. In the circumstances, I acted and took a decision within the ambit of provisions of the Leadership Act," Ramaphosa's affidavit read.
Advocate Cedric Puckrin, representing Misuzulu, said that Simakade had no merits on his claims for the Zulu throne. "We submit that there is no merit whatsoever in Simakade's claim to be the heir to the throne on the principle of ukufakwa esiswini. We do not wish to repeat the convincing arguments advanced for the president, which are well articulated and well founded. We do not dispute that Simakade is the eldest son of Indlunkulu or the Great Wife on the matter of customary law. We also do not deny that there is a custom of ukufakwa esiswini but we strenuously deny that even if such a placement in the womb of the Great Wife occurred, such an illegitimate child cannot take precedence in the succession queue ahead of the eldest blood mackle heir of the king and the indlunkulu," said Puckrin, who quoted the late Prince Buthelezi remarks that Zulu Kings are born and not elected. The court was adjourned to tomorrow where Advocate Menzi Simelani representing Prince Mbonisi and Advocate Alan Dodson representing Prince Simakade will be responding to Ramaphosa's submissions.
