The Supreme Court of Appeal has overruled a Pretoria High Court judgment that set aside Zulu King Misuzulu kaZwelithini’s recognition as monarch.
The appeal court ruled Monday that President Cyril Ramaphosa followed proper legal processes when he recognized Misuzulu as the rightful AmaZulu King in March 2022.
In December 2023, Judge Norman Davis ruled in favor of Princes Mbonisi and Simakade Zulu, who opposed the King’s official recognition. The princes argued the identification process was flawed and lacked consultation with all royal family members.
Both Ramaphosa and King Misuzulu appealed the ruling in May at the Supreme Court of Appeal in Bloemfontein. The five-judge panel reserved judgment after two days of hearings.
“The first and second appellants’ appeal is upheld,” the SCA said in its ruling delivered Monday. The court also dismissed Prince Mbonisi’s application to restart the identification process.
The SCA found that Pietermaritzburg High Court Judge Isaac Madondo had concluded there was no dispute requiring investigation by the Premier of KwaZulu-Natal or the President.
“The President, as required by the Leadership Act, consulted with the Premier before deciding to recognise Prince Misuzulu as the rightful king,” the judgment stated.
The court ordered the respondents to pay the costs of the appeal. Prince Simakade’s supporters in the royal family have not yet commented on the ruling.
Advocate Morumo Moerane, representing Ramaphosa, argued during the May hearings that the recognition followed Zulu customary law. “The president has the right to recognise the king if the royal family has already identified him according to customary law,” Moerane told the court.
King Misuzulu’s lawyer Tembeka Ngcukaitobi maintained the identification emerged from a lawfully convened meeting that complied with customary protocols. “The rule of law demands an end to this matter,” he said.
The dispute over the Zulu throne began after King Goodwill Zwelithini died in March 2021. His son Misuzulu was named successor and underwent the traditional Ukungena Esibayeni ceremony at KwaKhangelamankengane Royal Palace in Nongoma.
Prince Simakade, Misuzulu’s older half-brother, challenged the recognition claiming the process did not follow customary laws. His legal team wanted the court to appoint an investigative committee to examine the nomination process.
The late Prince Mangosuthu Buthelezi, who served as traditional prime minister, participated in the May 2021 meeting where royal family members identified Misuzulu as king.
Major-General Petronella van Rooyen testified at the High Court that only the national police commissioner had authority over operational matters, not the minister. The testimony formed part of broader proceedings examining political interference allegations.
The Supreme Court’s ruling strengthens King Misuzulu’s position after nearly four years of legal challenges to his throne. The judgment represents a significant victory for both the King and President Ramaphosa.
