Zuko Komisa
- The Supreme Court of Appeal has overturned a previous judgment, upholding President Ramaphosa’s recognition of King Misuzulu kaZwelithini as the Zulu leader.
- The SCA ruling sets aside the challenge by Prince Simakade and dismissed Prince Mbonisi’s application to restart the royal identification process.
- The judgment found that the President correctly followed the Leadership Act and that there was no evidence of non-compliance with customary law during the King’s identification.
In a major victory for King Misuzulu kaZwelithini, the Supreme Court of Appeal (SCA) has overturned a previous High Court ruling that had challenged his recognition as the leader of the Zulu nation by President Cyril Ramaphosa.
In a judgment delivered this Monday, the SCA set aside the 2023 ruling by Pretoria High Court Judge Norman Davis, which had found that President Ramaphosa erred in formally recognising King Misuzulu. The decision delivers a significant blow to the royal bid by Prince Simakade, who is vying for the prestigious throne.
The court also dismissed a separate application from Prince Mbonisi, who had sought to have the entire process of identifying a new Zulu King restarted, citing fundamental flaws.
“The first (Ramaphosa) and second (King Misuzulu) appellants’ appeal is upheld,” the SCA declared in its ruling, unequivocally supporting the President’s decision.
No Outstanding Dispute Found
Crucially, the SCA endorsed the earlier findings of Pietermaritzburg High Court Judge Isaac Madondo, which concluded that there was no legitimate dispute requiring the Premier of KwaZulu-Natal or the President to refer the matter back to the Zulu Royal Family for resolution under Section 8(4) of the Leadership Act.
The appeals court asserted that the High Court had erred in its previous decision:
“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 judgment further clarified that at the time of the President’s 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.”
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