Dosini royals granted leave to appeal ruling on AmaMpondomise kingship

A row over the  AmaMpondomise kingship took a new twist last week when the Supreme Court of Appeal  granted the Dosini royal house leave to appeal a crucial Mthatha high court ruling.

Dosini house legal representative and adviser Simple Tshitshi said: “We are vindicated and happy, and we look forward to seeing what is rightfully the Dosinis' restored to them. We will file the papers for the appeal by Wednesday.”

But Phahlo house royal spokesperson Nkosi Mnoneleli Ranuga said they would oppose any litigation.

Ranuga said: “This does not affect the kingship of AmaMpondomise. Our king still leads the nation. This does not mean that the Dosinis have won their appeal. This only allows them to appeal the main judgment. We were granted an execution order pending all the appeals, as we knew they would appeal, even to an international court because of their obsession with litigation and greed for power.” ​

In January 2020 Mthatha high court judge Mbuyiselo Jolwana ruled that Luzuko Matiwane was the legitimate AmaMpondomise heir and that his Phahlo royal family was the only legitimate structure to recognise kings and successors.

Jolwana declared a Dosini resolution to identify Ntombenkonzo Maseti as the head of AmaMpondomise unlawful and set it aside. He found that the Phahlo family was the legitimate royal structure to appoint kings to rule the AmaMpondomise.

The judge found Dosini and his descendants had not ruled the AmaMpondomise for hundreds of years.

Jolwana said the original Dosini had been disinherited by his father, King Ngcwina, in the 13th century, when the throne was given to his young brother Cirha, of the Phahlo royal family.

He found that Cirha's house  of Phahlo had ruled the AmaMpondomise for 15 generations until the time of King Mhlontlo.

“From the 1300s to the 1900s, successive kings have come only from the house of Cirha. [Matiwane] is clearly and indisputably entitled to succeed his great grandfather, which is all he sought to do.”

Jolwana, in his judgment in July, dismissed the Dosini house's leave to appeal that judgment and also granted Matiwane and the Phahlo royal family an execution order allowing Matiwane to ascend the throne.

The Dosini petitioned the SCA, which heard the matter on December 29 and granted the Dosinis leave to appeal last week.

Listed as applicants are Simphiwe Molosi, Maseti and the Dosini royal family. The respondents are the Phahlo royal family, Matiwane, President Cyril Ramaphosa, Cogta minister Dr Nkosazana Dlamini-Zuma and Eastern Cape premier Oscar Mabuyane.

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