The Gauteng North High Court has confirmed that AmaMpondo kingship claimant Zanozuko Tyelovuyo Sigcau may ascend the throne, ending a five-year stand-off over the decision of the Nhlapo Commission on traditional leaders’ disputes and claims.
The stand-off was the result of differing interpretations of which version of the Traditional Leadership and Governance Framework Act should be applied to the commission’s decision.
The commission appointed Zanozuko as king in 2010 when his uncle, the now-deceased Mpondombini Justice Sigcau, was stripped of the title.
Mpondombini appealed the decision to the Constitutional Court (Concourt), but died before the court handed down judgment that left the parties in a state of confusion around the kingship.
In 2013, the Concourt ruled that President Jacob Zuma had issued the notice under the amended Traditional Leadership and Governance Framework Act, when an earlier version of the act was in fact the relevant law.
The Concourt ruled that the Nhlapo Commission’s procedures were initiated and completed under the Traditional Leadership and Governance Framework Act of 2003, not the amended act of 2009.
Under the original legislation, the decision to recognise Zanozuko had the effect of a final decision.
However, under a subsequent amendment to the law, the commission can only recommend a candidate for appointment and it is the President who has the final authority to recognise a king or queen.
Amid the uncertainty over the process, Mpondombini’s widow, Lombekiso Masobhuza, nominated his daughter, Wezizwe Sigcau, as queen which prompted government to approach the high court for declaratory orders on the status of the kingship.
But the Gauteng North High Court in Pretoria has now ruled that the president did not have to consult with the royal family of the AmaMpondo aseQaukeni before implementing the Nhlapo Commission’s decision.
The President simply had to implement the commission’s decision, issue a certificate of recognition of Zanozuko as the king of the AmaMpondo as a whole and publicise this decision.
The high court confirmed that while the Concourt had set aside the process the President initially followed in recognising the king, the commission’s findings still stood.
The high court has noted that the Nhlapo Commission’s work was “scholarly and comprehensive”, finding that the kingship of the AmaMpondo was established under Faku at Qaukeni in 1824.
After King Mandlonke died without an heir in 1937, colonial authorities played a role in promoting the interests of his brother, Botha Sigcau, the father of Mpondombini, against those of Zanuzuko’s father.
Despite ruling as paramount chief under the apartheid era’s Black Administration Act, Justice was found by the Nhlapo Commission to have been born of the right-hand house, while Zanozuko’s line was traced from the great house.
Ayanda Ngubo, a senior associate at law firm Webber Wentzel representing Mpondombini’s wife, said they were going to appeal the latest high court decision.
Zanozuko’s spokesman Ntsizakalo Ngalo said while they were thrilled their excitement should not infringe on other people’s rights.
“The king has urged the nation to be united. The people who are involved in the kingship dispute are a family and they will remain a family forever and should not be divided,” Ngalo said.
Zanozuko may ascend the throne
The stand-off was the result of differing interpretations of which version of the Traditional Leadership and Governance Framework Act should be applied to the commission’s decision.
The commission appointed Zanozuko as king in 2010 when his uncle, the now-deceased Mpondombini Justice Sigcau, was stripped of the title.
Mpondombini appealed the decision to the Constitutional Court (Concourt), but died before the court handed down judgment that left the parties in a state of confusion around the kingship.
In 2013, the Concourt ruled that President Jacob Zuma had issued the notice under the amended Traditional Leadership and Governance Framework Act, when an earlier version of the act was in fact the relevant law.
The Concourt ruled that the Nhlapo Commission’s procedures were initiated and completed under the Traditional Leadership and Governance Framework Act of 2003, not the amended act of 2009.
Under the original legislation, the decision to recognise Zanozuko had the effect of a final decision.
However, under a subsequent amendment to the law, the commission can only recommend a candidate for appointment and it is the President who has the final authority to recognise a king or queen.
Amid the uncertainty over the process, Mpondombini’s widow, Lombekiso Masobhuza, nominated his daughter, Wezizwe Sigcau, as queen which prompted government to approach the high court for declaratory orders on the status of the kingship.
But the Gauteng North High Court in Pretoria has now ruled that the president did not have to consult with the royal family of the AmaMpondo aseQaukeni before implementing the Nhlapo Commission’s decision.
The President simply had to implement the commission’s decision, issue a certificate of recognition of Zanozuko as the king of the AmaMpondo as a whole and publicise this decision.
The high court confirmed that while the Concourt had set aside the process the President initially followed in recognising the king, the commission’s findings still stood.
The high court has noted that the Nhlapo Commission’s work was “scholarly and comprehensive”, finding that the kingship of the AmaMpondo was established under Faku at Qaukeni in 1824.
After King Mandlonke died without an heir in 1937, colonial authorities played a role in promoting the interests of his brother, Botha Sigcau, the father of Mpondombini, against those of Zanuzuko’s father.
Despite ruling as paramount chief under the apartheid era’s Black Administration Act, Justice was found by the Nhlapo Commission to have been born of the right-hand house, while Zanozuko’s line was traced from the great house.
Ayanda Ngubo, a senior associate at law firm Webber Wentzel representing Mpondombini’s wife, said they were going to appeal the latest high court decision.
Zanozuko’s spokesman Ntsizakalo Ngalo said while they were thrilled their excitement should not infringe on other people’s rights.
“The king has urged the nation to be united. The people who are involved in the kingship dispute are a family and they will remain a family forever and should not be divided,” Ngalo said.
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