A judge from outside the Eastern Cape will preside over a royal row on AbaThembu’s acting kingship after the throne was left vacant following the incarceration of King Buyelekhaya Zwelibanzi Dalindyebo in December 2015.
His brother Prince Jongisizwe Mthandeni Mankunku challenged in the Grahamstown High Court premier Phumulo Masualle’s decision for Prince Azenathi Zanelizwe Dalindyebo to act in his father’s place.
KwaZulu-Natal High Court Division deputy judge president Isaac Madondo will hear the case, which has been set down for argument at the Grahamstown High Court on Wednesday.
Madondo has been appointed to hear the matter after Mankunku’s faction alleged that an Eastern Cape judge would not be impartial because Azenathi’s mother, Judge Buyiswa Majiki (Queen Nocollege Dalindyebo), was their colleague.
Mankunku’s application came a week after Masualle appointed Azenathi in terms of Section 22 of the Provincial Traditional Leadership and Governance Act 4 of 2005 on February 8.
Masualle is accused of making a decision that flies in the face of the findings of the Tolo Commission – and those of the Cooperative Governance and Traditional Affairs Minister Des van Rooyen – that Mankunku is the rightful acting king.
Masualle said the acting appointment of Azenathi was “reviewable on a yearly basis until there is finality to the Dalindyebo kingdom issue”.
But he later said the acting kingship was reviewable every six months.
Mankunku last year withdrew a high court application to prevent Azenathi’s coronation, saying Azenathi’s mother was interfering.
In court papers, Mankunku says: “The recognition of Azenathi Dalindyebo is against the processes followed in the kingdom and/or by all royal houses of the AbaThembu and will bring serious harm to the kingdom and continue as long as he occupies said position.”
Masualle is accused of failing to provide any reasons for deviating from the Tolo Commission’s findings.
It is hoped the appointment of a judge from outside the Eastern Cape will prevent any perception of bias.
Speaking to the Dispatch yesterday, Majiki said she was on leave.
“I will consider attending the hearing. I have confidence in my lawyers they have reassured me we are on course,” said Majiki.
Mankunku’s spokesman Nkosi Thanduxolo Mtirara they were ready for Wednesday’s hearing.
“We are happy that an outside judge has been sourced. November 1 is the day of reckoning. The truth will prevail,” he said.
Mtirara said Mankunku had long called for a judge from outside the province to preside over the acting kingship impasse.
Mtirara’s younger brother, Nkosi Thandisizwe Mtirara, and Azenathi’s spokesman said they were ready for Wednesday.
“We are sure of our case. We wish the matter to finish on the same day,” said Thandisizwe.
Eight respondents are listed in the application along with Masualle.
They include cooperative governance and traditional affairs MEC Fikile Xasa, Ngangelizwe royal family members, King Dalindyebo, Azenathi, the Commission on Traditional Leadership Disputes and Claims, Van Rooyen and the Eastern Cape House of Traditional Leaders. — lulamilef@dispatch.co.za
KZN judge to step in with royal row: AbaThembu battle for throne to play out in high court
His brother Prince Jongisizwe Mthandeni Mankunku challenged in the Grahamstown High Court premier Phumulo Masualle’s decision for Prince Azenathi Zanelizwe Dalindyebo to act in his father’s place.
KwaZulu-Natal High Court Division deputy judge president Isaac Madondo will hear the case, which has been set down for argument at the Grahamstown High Court on Wednesday.
Madondo has been appointed to hear the matter after Mankunku’s faction alleged that an Eastern Cape judge would not be impartial because Azenathi’s mother, Judge Buyiswa Majiki (Queen Nocollege Dalindyebo), was their colleague.
Mankunku’s application came a week after Masualle appointed Azenathi in terms of Section 22 of the Provincial Traditional Leadership and Governance Act 4 of 2005 on February 8.
Masualle is accused of making a decision that flies in the face of the findings of the Tolo Commission – and those of the Cooperative Governance and Traditional Affairs Minister Des van Rooyen – that Mankunku is the rightful acting king.
Masualle said the acting appointment of Azenathi was “reviewable on a yearly basis until there is finality to the Dalindyebo kingdom issue”.
But he later said the acting kingship was reviewable every six months.
Mankunku last year withdrew a high court application to prevent Azenathi’s coronation, saying Azenathi’s mother was interfering.
In court papers, Mankunku says: “The recognition of Azenathi Dalindyebo is against the processes followed in the kingdom and/or by all royal houses of the AbaThembu and will bring serious harm to the kingdom and continue as long as he occupies said position.”
Masualle is accused of failing to provide any reasons for deviating from the Tolo Commission’s findings.
It is hoped the appointment of a judge from outside the Eastern Cape will prevent any perception of bias.
Speaking to the Dispatch yesterday, Majiki said she was on leave.
“I will consider attending the hearing. I have confidence in my lawyers they have reassured me we are on course,” said Majiki.
Mankunku’s spokesman Nkosi Thanduxolo Mtirara they were ready for Wednesday’s hearing.
“We are happy that an outside judge has been sourced. November 1 is the day of reckoning. The truth will prevail,” he said.
Mtirara said Mankunku had long called for a judge from outside the province to preside over the acting kingship impasse.
Mtirara’s younger brother, Nkosi Thandisizwe Mtirara, and Azenathi’s spokesman said they were ready for Wednesday.
“We are sure of our case. We wish the matter to finish on the same day,” said Thandisizwe.
Eight respondents are listed in the application along with Masualle.
They include cooperative governance and traditional affairs MEC Fikile Xasa, Ngangelizwe royal family members, King Dalindyebo, Azenathi, the Commission on Traditional Leadership Disputes and Claims, Van Rooyen and the Eastern Cape House of Traditional Leaders. — lulamilef@dispatch.co.za
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