The North Gauteng High Court has cleared the way for the royal family of the late Eastern Mpondoland King Mpondombini Justice Sigcau to take on President Jacob Zuma for interfering in the sovereignty of the nation.
On May 6 Sigcau’s eldest daughter Princess Wezizwe Sigcau and her mother Queen Lombekiso MaSobhuza Makhosatsini Sigcau were granted leave to appeal a November 2015 decision that found that Zuma was not required to consult with the royal family of AmaMpondo AseQawukeni before implementing a Nhlapo Commission decision which recognised Zanozuko Tyelovuyo as the king of all AmaMpondo.
The court had originally found that Zuma was only required to publicise the commission’s decision and issue a certificate of recognition to Zanozuko.
The November ruling was welcomed at the time by many and ended a five-year standoff over the commission’s decision.
The standoff was over differing interpretations of which version of the Traditional Leadership and Governance Framework Act should be applied to the commission’s decision.
In granting the leave to appeal, the high court said this would suspend all operations of the November 20 order pending the appeal.
The Nhlapo Commission found in its determination in 2008 that Zanozuko was the king of AmaMpondo and not his uncle, the now-deceased Mpondombini.
Mpondombini appealed the decision at the Constitutional Court but died before the court handed down judgment, leaving the parties in a state of confusion on the kingship.
In 2013, the ConCourt ruled that 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 the amendment, the commission can only recommend an appointment and it is the president who has the final authority to recognise a king or queen.
In the midst of the uncertainty Mpondombini’s widow nominated his daughter as queen, which prompted the state to approach the high court for declaratory orders on the status of the kingship.
The high court noted in November 2015 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 and apartheid authorities played a role in promoting the interests of his brother, Botha Sigcau, the father of Mpondombini, against those of Zanuzuko’s grandfather, Nelson Sigcau.
Despite ruling as paramount chief under the apartheid era’s Black Administration Act, Mpondombini was found by the Nhlapo Commission to have been born of the right-hand house, while Zanuzuko’s line was traced from the great house.
Princess closer to throne
On May 6 Sigcau’s eldest daughter Princess Wezizwe Sigcau and her mother Queen Lombekiso MaSobhuza Makhosatsini Sigcau were granted leave to appeal a November 2015 decision that found that Zuma was not required to consult with the royal family of AmaMpondo AseQawukeni before implementing a Nhlapo Commission decision which recognised Zanozuko Tyelovuyo as the king of all AmaMpondo.
The court had originally found that Zuma was only required to publicise the commission’s decision and issue a certificate of recognition to Zanozuko.
The November ruling was welcomed at the time by many and ended a five-year standoff over the commission’s decision.
The standoff was over differing interpretations of which version of the Traditional Leadership and Governance Framework Act should be applied to the commission’s decision.
In granting the leave to appeal, the high court said this would suspend all operations of the November 20 order pending the appeal.
The Nhlapo Commission found in its determination in 2008 that Zanozuko was the king of AmaMpondo and not his uncle, the now-deceased Mpondombini.
Mpondombini appealed the decision at the Constitutional Court but died before the court handed down judgment, leaving the parties in a state of confusion on the kingship.
In 2013, the ConCourt ruled that 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 the amendment, the commission can only recommend an appointment and it is the president who has the final authority to recognise a king or queen.
In the midst of the uncertainty Mpondombini’s widow nominated his daughter as queen, which prompted the state to approach the high court for declaratory orders on the status of the kingship.
The high court noted in November 2015 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 and apartheid authorities played a role in promoting the interests of his brother, Botha Sigcau, the father of Mpondombini, against those of Zanuzuko’s grandfather, Nelson Sigcau.
Despite ruling as paramount chief under the apartheid era’s Black Administration Act, Mpondombini was found by the Nhlapo Commission to have been born of the right-hand house, while Zanuzuko’s line was traced from the great house.
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