By Lehlohonolo Lehana.
The Supreme Court of Appeal in Bloemfontein has reserved judgment after arguments against President Cyril Ramaphosa’s application challenging a high court ruling that overturned his recognition of Zulu King Misuzulu kaZwelithini.
SCA on Thursday continued hearing arguments in an application for leave to appeal, filed by Ramaphosa.
Ramaphosa seeks to overturn a 2023 Gauteng High Court ruling that deemed his acknowledgment of the king as unlawful, the focus of the appeal has shifted from the legitimacy of King Misuzulu himself to the legality of the recognition process employed by the president.
Advocate Marumo Moerane SC, representing Ramaphosa, laid out the case for the defence, asserting that the process leading to King Misuzulu’s recognition was firmly rooted in Zulu customary law.
Moerane, alongside advocate Tembeka Ngcukaitobi—representing King Misuzulu—contended that Judge Denis Davis’s findings were flawed. “The president did not elect the king; he simply confirmed the one who was already identified,” stated Moerane.
Ngcukaitobi reinforced this position by insisting that the identification was borne out of a lawfully convened meeting that complied with customary law. “The rule of law demands an end to this matter,” he asserted, emphasising that many of the legal disputes had already been addressed in previous litigation.
The court is also due to rule at a later stage regarding a cross-appeal by Prince Mbonisi and his brother, Prince Simakade, in which they said the High Court should have set aside the identification of King Misuzulu as the new Zulu King.
Prince Mbonisi’s legal representative, Advocate Menzi Simelane, called for Ramaphosa’s appeal to be dismissed with costs and requested that the dispute be sent back to the royal family to begin the identification process anew.
“The point would be ‘what should happen then’, the matter would be referred to the appropriate place, which is the Zulu royal family, to do what they ordinarily would have done.”
Advocate Alan Dodson, during his cross appeal, argued that Judge Norman Davis was correct in referring the matter for an investigation.
However, he said the issues should be determined afresh, adding that the matter should not be referred back to the Royal Family, as it would just advance more disputes.
Meanwhile, Advocate Thabani Masuku, representing the Zulu royal princesses, argued that Ramaphosa failed to confirm whether the May 2021 meeting involved recognised royal family members.
Masuku contended that the validity of the recognition decision hinged on the legitimacy of the identification process.
“In other words, a lawful identification decision is a requirement for a lawful exercise of a recognition decision.
“We have submitted that the president did not have a lawful identification before him.
“He also did not have an application by the royal family that could have justified him exercising the powers that he did in recognising the King Misuzulu.”