Azenathi’s coronation to proceed

The coronation of AbaThembu King Buyelekhaya Dalindyebo’s son, Prince Azenathi Dalindyebo, will go ahead tomorrow.

This was confirmed after Dalindyebo’s younger brother, Prince Mankunku Mthandeni Jongisizwe Dalindyebo, yesterday withdrew his urgent high court bid to stop it.

Dropping the bombshell on the court late yesterday afternoon, Mankunku’s advocate Matthew Mpahlwa told Judge Gerald Bloem that they had decided to withdraw because the presence of Azenathi’s mother, Mthatha High Court judge Buyiswa Majiki, in court had created discomfort among the applicant and his backers.

Mankunku’s attorney, Asanda Mgangatho, later told the Daily Dispatch they were not happy with the presence of the Eastern Cape division judge in the courtroom as it was felt it could influence presiding judge Bloem, who was her colleague.

Bloem assured Mankunku and his lawyers they had nothing to fear as he took his oath of office seriously – including the undertaking to administer justice to all without fear, favour or prejudice – and that Judge Majiki’s presence in court would not influence him in any way.

Nevertheless, he was prepared to grant the order giving them leave to withdraw their application. He said the question of who would pay the costs of the application should be argued at a later stage.

Setting out the history of the matter in court, Judge Bloem said Judge President Themba Sangoni had been unable to source a judge from outside the Eastern Cape division to deal with the matter.

He had asked Bloem to preside. Bloem said although he had been reluctant he had agreed to do so if no one else was available.

He had asked each counsel whether they objected to him handling the matter.

He said Mpahlwa had sought leave to get instructions from Mankunku after which he had indicated they had no problem with him presiding.

During the course of yesterday morning that all changed.

Judge Majiki sat right in front of the courtroom next to her son’s counsel, Advocate Apla Bodlani, facing Bloem.

During a lengthy break, while the legal teams had sought to correct the pagination of the court papers, Majiki had chatted to other royals in the courtroom.

She had also sat next to her son talking quietly and intensely to him.

At the time the decision to withdraw took place, the matter had already been postponed to today for argument.

The withdrawal of the application means there is no bar to Azenathi’s coronation going ahead.

There was both jubilation in court as well as disappointment. The courtroom was packed with royals, chiefs, elders and interested members of the public.

Azenathi’s Grahamstown attorney Nkokheli Vuba yesterday said the decision on the part of Mankunku to withdraw the application was his prerogative and must be respected.

However, he condemned what he termed the aspersions cast on the judiciary in general and on Bloem in particular.

He said Bloem was a highly respected judge and there had been no contact or communication between him and Majiki during the court case.

He said they would, in due course, ask the court to order Mankunku to pay the costs of the aborted application.

“It was an urgent application and we were forced to drop everything to come to court in the middle of (Azenathi’s) wedding celebrations.”

He said the plans for the coronation would now go ahead and the coronation would take place tomorrow as planned.

Speaking on behalf of Mankunku, Ngangelizwe Royal Family Chief Thanduxolo Mtirara expressed disappointment in Eastern Cape Judge President Themba Sangoni and Azenathi’s mother presence in court.

“We made the application on November 14, but Judge Sangoni only told us on Monday that he could not find a judge from oustide the Eastern Cape Division,” he said.

“We know that Judge Majiki was doing articles under Sangoni when she was an attorney and she was appointed to be a judge under Sangoni.”

Mtiarara said they would complain to Chief Justice Mogoeng Moegeng and Justice Minister Michael Masutu.

However, Chief Dumisani Mgudlwa said the Azenathi faction was vindicated by the decision.

“We are now going ahead for the coronation as planned and will make Crown Prince Azenathi Zanesizwe the acting king of AbaThembu,” he said.

“It is a pity that issues affecting the AbaThembu and the royal house end up in court.”

However, he stressed that Azenathi was not taking the throne permanently.

“He is just acting for his father,” said Mgudlwa.

Dalindyebo’s personal spokesman, Prince Mthunzi Ngonyana, said the king did not want either Mankunku or Azenathi to act on his behalf.

“He only wants his wife Nokwanda to act for him,” said Ngonyama.

He said both Azenathi and Mankunku had ambitions to seek the throne on a permanent basis.

“The king recognised none of the two. Even before the king was incarcerated the issue of legitimacy of the royal family was not concluded.”

Ngonyama further said Azenathi’s fight to gain access to Bumbane Great Place was not over and they would oppose it.

Azenathi has been granted interim access to the great placeuntil next year when the matter is due back in court.