High court dismisses Dosini bid to appeal Pahlo royal crown

The Mthatha high court on Tuesday dismissed with costs the Dosini royal family's application for leave to appeal a January court ruling that Luzuko Matiwane is the legitimate heir of AmaMpondomise and his Pahlo royal family is the only legitimate structure to recognise kings and successors.

The judgment was delivered by acting judge Nceba Dukada on behalf of judge Mbuyiselo Jolwana, who also granted Matiwane and the Pahlo royal family an execution order that Matiwane can ascend to the throne while the Dosini house is still appealing.

Jolwana said Dosini house and applicants Simphiwe Molosi and Ntombenkonzo Maseti “have not, in my view, succeed in showing that there is a realistic chance of success on the appeal”.

He added: “The application for leave to appeal is dismissed.”

In January Jolwana declared a Dosini resolution to identify Maseti as the head of AmaMpondomise unlawful and set it aside. The judge found that neither Dosini nor his descendants had ruled the AmaMpondomise.

Jolwana said that Dosini was, even before he ascended to the throne, disinherited by his father, King Ngcwina, in the 13th century. The throne was given to his young brother Cirha [of the Pahlo royal family], of the minor house.''

He said that in the disinheritance of Dosini, the Cirha house (Pahlo) ruled the AmaMpondomise for 15 generations of kings until Mhlontlo.

“Since the 1300s to the 1900s, successive kings have only come from the house of Cirha, the first king of AmaMpondomise in the line of King Mhlontlo after Dosini was disinherited. [Matiwane] is clearly and indisputably entitled to succeed his great grandfather, which is all he sought to do. The respondents in the main application never asked the court to set aside the disinheritance of Dosini ... the disinheritance remain extant,” said Jolwana.

Dosini legal representative Sithembile Tshitshi said he had been instructed to petition the Supreme Court of Appeal and continue with an automatic appeal.

Molose was angered by the decision.

“That judgment is the darkness about the nation of AmaMpondomise. It is ridiculous that the nation would be led by a sixth house in the order of seniority and all the five senior houses disregarded. We want our culture to be restored, not eroded as we see today,” said Molose.

Pahlo royal family spokesperson Phakamisa Tyali welcome the judgment.

“We are vindicated. The court has given the green light and the president must continue with the process of recognising King Matiwane. Now, the nation of AmaMpondomise could proudly say that Zanozuko Matiwane is the king of the nation. We will soon make arrangements for his coronation. Those who want to go to another court  can go, but we as AmaMpondomise we will enthrone our king and unite AmaMpondomise,” said Tyali.