By Lehlohonolo Lehana.
The Pietermaritzburg High Court has ruled that the Land and Reform minister Mzwanele Nyhontso decision to dissolve the Ingonyama Trust Board (ITB) was unlawful and irrational.
This follows an urgent application by four members of the ITB who were left in office at the time it was dissolved.
The members, Inkosi Sibonelo Mkhize, Advocate Linda Zama, Inkosi Phalang Molefe and property practitioner Nomusa Zulu said in their application, the decision by the minister should be declared unlawful, irrational, and suspended, as he had misinterpreted the Ingonyama Act in taking the decision.
Cited as respondents, among others, were King Misizulu kaZwelithini, the sole trustee of the Ingonyama Trust, and KwaZulu-Natal Premier Thamsanqa Ntuli.
Both the Zulu King and Ntuli were consulted by Nyhontso and agreed with his assertion that board had virtually collapsed and was unable to carry out its duties, and should therefore be dissolved.
Nyontsho dissolved the board following a series of resignations of several board members. According to the Ingonyama Trust Act five members of the accounting authority constitute a quorum for a meeting of the board.
The Minister said due to the resignations, the board now has only four serving members alongside King Misuzulu, who serves as Chairperson in terms of the Ingonyama Trust Act.
The minister was due to appoint administrator who was going to temporarily oversee the day-to-day operations in terms of section 49(3) of the Public Finance Management Act (PFMA).
However the Pietermaritzburg High Court has now overturned the minister’s decision, ruling in favour of the ITB.
The court has further ordered that both the minister and the Zulu Monarch must not interfere with the duties of the board.
The mandate of the trust is to hold land for “the benefit, material welfare and social well-being of the members of the tribes and communities” living on the land.
The Ingonyama Trust’s board oversees land that straddles 29.67% of KwaZulu-Natal, which is equivalent to 28 000 square kilometres.