By Lehlohonolo Lehana.
Judge Peter Olsen has reserved judgment in the Pietermaritzburg High Court in the urgent application by members of the Amazulu Royal Family to interdict King Misuzulu from exercising any powers over the Ingonyama Trust.
The Ingonyama Trust, with the King as sole trustee, controls close to three million hectares of land in KwaZulu-Natal. The King’s uncle, Prince Mbonisi Zulu and other royal family members also want the court to interdict the Trust from paying King Misuzulu’s legal fees.
Zulu’s legal representative Nikiwe Nyathi told the court: The reason for that is that the current board [Ingonyama Trust Board] which was initially appointed has changed over the months. They are indeed using funds without authority. We also provided evidence that the current board was unlawfully appointed.
They allege the decision of the previous board of the Ingonyama Trust to pay the king’s legal costs was unlawful.
Advocate Thabani Masuku SC argued that public funds should not be used to fund the king’s personal litigation while there were still court battles over the legitimacy of his reign.
He also argued that the Ingonyama Trust had no mandate to pay the king’s legal fees. The trust was established to benefit the Zulu Kingdom, tribes, and communities in the King’s jurisdiction.
He said pending a decision of the Supreme Court of Appeals there were no obligations from the premier’s office or the board of the trust to make payments for the King.
Reports suggest that the King’s legal fees are around R8m and continue to rise.
Masuku said the government and the trust should not seen to be taking sides in the dispute over the royal throne.
“It is important because we are talking about public funds that are being used to fortify a position that is heavily contested,” he said.
Masuku sought an interdict on behalf of his clients to prohibit the government and the trust from making undue payments towards the King’s legal fees.
Apart from receiving a monthly salary, the Zulu King, who is the chairperson of the Ingonyama Trust Board, also enjoys financial benefits from the KwaZulu-Natal provincial government.
Opposing the application, King Misuzulu’s legal team argued that there was no evidence of any unlawful activities within the trust.
Following the death of King Goodwill Zwelithini kaBhekuzulu in 2021, King Misuzulu was announced as the successor during a Zulu royal family meeting held in Nongoma on May 7 the same year.
However, a section of the royal family was of the view that customs and traditions were not followed when King Misuzulu was appointed.
In December, the Pretoria High Court ruled that President Cyril Ramaphosa’s decision to recognise King Misuzulu was invalid and unlawful.
At the time, the Pretoria High Court directed Ramaphosa to establish a committee to investigate the king’s appointment.
However, Ramaphosa resolved to appeal the Pretoria High Court ruling instead of complying with the court’s order to appoint the committee.