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Zulu Kings are born and not elected, King Misuzulu's counsel tells court

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Zulu Kings are born and not elected, King Misuzulu's counsel tells court

Zulu King Misuzulu Zwelithini
Zulu King Misuzulu Zwelithini

18th October 2023

By: News24Wire

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"Zulu kings are born, not elected," the Gauteng High Court in Pretoria heard on Tuesday.

Advocate Cedric Puckrin SC was quoting the late Prince Mangosuthu Buthelezi in the case brought by Prince Simakade, who wants to de-throne his half-brother, King Misuzulu.

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Simakade is the eldest son of late King Zwelithini who was born out of wedlock.

He is challenging President Cyril Ramaphosa's decision to recognise Misuzulu as AmaZulu king.

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Simakade argued in court that the nomination and selection process of the king had to be properly followed and that he wanted Ramaphosa's decision to be reviewed and set aside.

He also wants the meeting convened by the late Prince Mangosuthu Buthelezi, during which Misuzulu was identified as the heir to the throne, to be reviewed and set aside.

Simakade also wants the coronation and recognition of Misuzulu to be reviewed and set aside.

He said in his papers that the late Queen Shiyiwe Mantfombi Dlamini Zulu customarily acknowledged him as her firstborn despite him not being her biological child - and therefore he was the rightful heir to the throne.

Simakade argued that the Zulu custom of "ukufakwa esiswini" [to be placed in the womb] applies because the custom was performed for him at age 11 when he was "placed in the womb" of Queen Mantfombi.

The prince argues that this means he was accorded the same rights and obligations as the oldest biological son of the Great Wife because customarily she became his mother.

In his papers, Misuzulu, however said there was no merit in Simakade's claim to be the heir to the throne on the principle of "ukufakwa esiswini".

We also do not deny that there is a custom of "ukufakwa esiswini", but we strenuously deny that even if such a placement in the womb of the great wife occurred, that such an illegitimate child cannot take precedence in the succession queue ahead of the eldest blood male heir of the King and Indlunkulu [the great house, belonging to the first wife].

Misuzulu maintained he was the rightful heir to the throne.

His counsel also quoted from the previous court judgment from the KwaZulu-Natal High Court in Pietermaritzburg, which ruled in his favour when his coronation was challenged.

"None of the Queens, who are the wives of the late Isilo, is the mother of Prince Simakade. He is born of a spinster, as his mother was never married to the late Isilo, and he cannot, therefore, under customary law and traditions, oust the children of the great wife and any other Queens," the judgment read.

"He has, therefore, no basis for contending for the throne at all in terms of the Zulu customary law and custom.

"The King is appointed on the basis of his mother. As the appointment of a King and Queen is done under customary law and traditions, the exclusion of Prince Simakade from succeeding to the throne, in this case, cannot fall foul of the equality clause," reads part of the judgment.

Advocate Marumo Moerane SC, representing Ramaphosa, told the court that the president was opposing Simakade's application.

Moerane told the court the decision to appoint Misuzulu was made following the Royal Family's valid identification of the king-elect and that there was no dispute before the president.

Ramaphosa's counsel further argued his decision to appoint Misuzulu was guided by the judgment of Judge Isaac Madondo, which cleared King Misuzulu for the crown.

The hearing will continue on Wednesday. 

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