The Mthatha High Court has dismissed as irregular the appointment of an Eastern Cape matriarch as a regent for her minor son to lead one of the province’s traditional communities.
The royal rumpus over succession in one of AmaBhaca’s largest traditional councils in Mount Frere has seen the court nullifying chieftainess Nokhwezi Makaula’s appointment as a regent and acting head of the Makaula traditional council.
Instead, the court confirmed the selection of one of the teen’s uncles to act on his behalf.
Prince Gingqi Dalubuhle is 17.
The succession row has not only divided AmaBhaca under the Makaula traditional council, but it has also seen premier Phumulo Masualle and traditional affairs MEC Fikile Xasa being hauled to court, as they were cited as respondents.
The battle started about five years ago, when Nkosi Mvuleni Makaula of Lugangeni administrative area died. He had been chief since 1989 and died in January 2010.
The fight was further complicated, and created animosity among relatives, after two parallel families surfaced, both claiming legitimacy and sovereignty over royal affairs – including identifying leaders within the council’s jurisdiction.
The court had to determine if the Zulu royal family of Ncapai kaMadzikane kaZulu or the Mngcisane royal family, led by Fikile Makaula, was the legitimate authority.
There had been opposing views over the appointment of the regent, with the Mngcisanes recommending Nokhwezi while the kaZulus chose the teenager’s uncle, Prince Ziphathe Makaula.
The government confirmed Nokhwezi’s appointment through the Eastern Cape Traditional Leadership and Governance Act.
Eighteen people – including elders such as Methodist Church retired bishop Don “DD” Dabula and retired police provincial commissioner Sipho Mpongoma – all members of KaZulu, launched the court application to have the Mngcisanes nullified and Nokhwezi’s appointment set aside. Fifteen people, including Nokhwezi, Masualle and Xasa, were cited as respondents.
In his judgment on Friday, Judge Phakamisa Tshiki lashed out at the premier, MEC and his head of department for confirming Nokhwezi’s appointment “without even referring the matter to the Eastern Cape House of Traditional Leaders for verification of the genuine royal family and genealogy”.
Although Fikile, who is the first respondent, said the main dispute related to the recognition (or lack thereof) of the son of the chief as his late father’ successor because of his age and his mother’s appointment as regent, the judge disagreed.
“To me it does not appear that there is a dispute about the heir to the throne, and the only issues here are whether the royal family’s name that performs the function is the or the , as well as whether the regent was properly nominated and appointed,” he said.
Tshiki established that, of the 15 respondents, only Fikile deposited affidavits in support of the contention that the Mngcisanes were the only legitimate structure to deal with the identification of chiefs.
All the applicants made affidavits supporting the kaZulus as the only legitimate structure.
The judge also lashed out at the premier and MEC for their “poor handling of the matter”.
“It is strange that on the face of overwhelming evidence proving the existence of… – which has existed since 1845 – the premier, MEC and head of department have decided to recommend the decision …
“The MEC, who is said to have been delegated by the premier, was not properly delegated. The premier did not act in accordance with the provisions of the act. His decision in this regard should be set aside,” the judge said.
The court confirmed the KaZulus as the authority over the Makaula traditional council and declared null and void the authority of the Mngcisanes in the matter.
“The Mngcisane royal family does not exist as the Makaula traditional council. For that reason, the meeting that was held on February 1 2010, when Ziphathe Makaula was appointed as a regent, was valid. It is hereby confirmed,” said Tshiki.
The court set aside Nokhwezi’s appointment and ordered the premier to reverse it and facilitate Ziphathe’s selection as acting chief and head of the traditional council.
The court further declared null and void the authority of the Mngcisanes, their government recognition and interdicted and restrained them from identifying traditional leaders in the councils’ jurisdiction.
The judge confirmed the KaZulus as the royal family of AmaBhaca.
The premier and MEC were ordered to pay the costs of the application jointly.
Traditional affairs spokesman Mamnkeli Ngam said the department, in consultation with the Office of the Premier, would study the judgment and take necessary steps.
Nokhwezi said she was looking at appealing the judgment and referred queries to her lawyer, Advocate Viwe Notshe, who could not be immediately reached for comment.
KaZulu spokesman Prince Zolile Makaula said they were happy. — lulamilef@dispatch.co.za
Judge revokes mother’s regency and lashes state
The royal rumpus over succession in one of AmaBhaca’s largest traditional councils in Mount Frere has seen the court nullifying chieftainess Nokhwezi Makaula’s appointment as a regent and acting head of the Makaula traditional council.
Instead, the court confirmed the selection of one of the teen’s uncles to act on his behalf.
Prince Gingqi Dalubuhle is 17.
The succession row has not only divided AmaBhaca under the Makaula traditional council, but it has also seen premier Phumulo Masualle and traditional affairs MEC Fikile Xasa being hauled to court, as they were cited as respondents.
The battle started about five years ago, when Nkosi Mvuleni Makaula of Lugangeni administrative area died. He had been chief since 1989 and died in January 2010.
The fight was further complicated, and created animosity among relatives, after two parallel families surfaced, both claiming legitimacy and sovereignty over royal affairs – including identifying leaders within the council’s jurisdiction.
The court had to determine if the Zulu royal family of Ncapai kaMadzikane kaZulu or the Mngcisane royal family, led by Fikile Makaula, was the legitimate authority.
There had been opposing views over the appointment of the regent, with the Mngcisanes recommending Nokhwezi while the kaZulus chose the teenager’s uncle, Prince Ziphathe Makaula.
The government confirmed Nokhwezi’s appointment through the Eastern Cape Traditional Leadership and Governance Act.
Eighteen people – including elders such as Methodist Church retired bishop Don “DD” Dabula and retired police provincial commissioner Sipho Mpongoma – all members of KaZulu, launched the court application to have the Mngcisanes nullified and Nokhwezi’s appointment set aside. Fifteen people, including Nokhwezi, Masualle and Xasa, were cited as respondents.
In his judgment on Friday, Judge Phakamisa Tshiki lashed out at the premier, MEC and his head of department for confirming Nokhwezi’s appointment “without even referring the matter to the Eastern Cape House of Traditional Leaders for verification of the genuine royal family and genealogy”.
Although Fikile, who is the first respondent, said the main dispute related to the recognition (or lack thereof) of the son of the chief as his late father’ successor because of his age and his mother’s appointment as regent, the judge disagreed.
“To me it does not appear that there is a dispute about the heir to the throne, and the only issues here are whether the royal family’s name that performs the function is the or the , as well as whether the regent was properly nominated and appointed,” he said.
Tshiki established that, of the 15 respondents, only Fikile deposited affidavits in support of the contention that the Mngcisanes were the only legitimate structure to deal with the identification of chiefs.
All the applicants made affidavits supporting the kaZulus as the only legitimate structure.
The judge also lashed out at the premier and MEC for their “poor handling of the matter”.
“It is strange that on the face of overwhelming evidence proving the existence of… – which has existed since 1845 – the premier, MEC and head of department have decided to recommend the decision …
“The MEC, who is said to have been delegated by the premier, was not properly delegated. The premier did not act in accordance with the provisions of the act. His decision in this regard should be set aside,” the judge said.
The court confirmed the KaZulus as the authority over the Makaula traditional council and declared null and void the authority of the Mngcisanes in the matter.
“The Mngcisane royal family does not exist as the Makaula traditional council. For that reason, the meeting that was held on February 1 2010, when Ziphathe Makaula was appointed as a regent, was valid. It is hereby confirmed,” said Tshiki.
The court set aside Nokhwezi’s appointment and ordered the premier to reverse it and facilitate Ziphathe’s selection as acting chief and head of the traditional council.
The court further declared null and void the authority of the Mngcisanes, their government recognition and interdicted and restrained them from identifying traditional leaders in the councils’ jurisdiction.
The judge confirmed the KaZulus as the royal family of AmaBhaca.
The premier and MEC were ordered to pay the costs of the application jointly.
Traditional affairs spokesman Mamnkeli Ngam said the department, in consultation with the Office of the Premier, would study the judgment and take necessary steps.
Nokhwezi said she was looking at appealing the judgment and referred queries to her lawyer, Advocate Viwe Notshe, who could not be immediately reached for comment.
KaZulu spokesman Prince Zolile Makaula said they were happy. — lulamilef@dispatch.co.za
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