By Lehlohonolo Lehana.
Judge Norman Davis has granted President Cyril Ramaphosa leave to appeal in the Supreme Court of Appeal a December 2023 ruling in which he ordered King Misuzulu KaZwelithini’s recognition to be declared unlawful and invalid.
Misuzulu’s half-brothers, Princes Simakade and Mbonisi, challenged his accession to the throne, arguing that customs were not followed when identifying the late King Zwelithini’s successor.
They asked the high court to set aside the president’s recognition of Misuzulu as the AmaZulu king.
The court in Pretoria ruled in the princes’ favour in December, invalidating the recognition.
It also ordered Ramaphosa to appoint a committee to determine the rightful heir to the Zulu throne.
After studying the judgment, the president applied for leave to appeal.
Judge Davis has also granted leave to cross appeal his order to the late King Zwelithini’s brother, Prince Mbonisi, and his son, Prince Simakade, who also has his eyes on the crown.
King Misuzulu, too, was granted leave to appeal.
King Misuzulu ascended the throne in 2022 when his parents, King Goodwill Zwelithini and his mother Queen Mantfombi, died months apart in 2021.
A meeting in May 2021 was held by the Zulu Royal family, where the name of then Prince Misuzulu emerged as the successor. Prince Simakade did not attend.
Ramaphosa told the court that his decision was rational in issuing the certificate to King Misuzulu, thus paving the way for his October 2022 coronation.
King Misuzulu, on the other hand, wants the SCA to determine that Judge President Isaac Madondo has already finally determined the dispute relating to the President’s recognition decision.
But Judge Davis has sounded a word of caution to the king, saying: “It is difficult to see how it could successfully be argued that Madondo could have finally decided something which up to that time, had not yet taken place.”