The birthright of the AmaZulu monarch – and whether kingship is assured by lineage – is at the heart of a fierce legal wrangle for control of the throne. 

On Wednesday, in the Gauteng High Court in Pretoria, high-powered lawyers for warring half-brothers Misuzulu Sinqobile kaZwelithini and Prince Simakade Jackson Zulu faced off for a third day. 

Simakade and Mbonisi Zulu, a half-brother of late King Goodwill Zwelithini, launched the application to have President Cyril Ramaphosa's recognition of Misuzulu as rightful monarch set aside. 

Furthermore, Simakade wants a meeting convened by late Prince Mangosuthu Buthelezi, where Misuzulu was identified as heir to the throne, to be set aside and reviewed, as well as his ensuing coronation. 

Counsel for Simakade and Mbonisi was responding to arguments advanced on behalf of Ramaphosa on Tuesday.

Advocate Thabani Masuku SC, for Mbonisi, argued the submissions by the current king, that Zulu monarchs were born and enjoyed this birthright, were flawed.

He said the late king did not ascribe to this as he had appointed his late wife, Queen Shiyiwe Mantfombi, as his successor in his last will.

"If the will identifies a successor, that's where the birthright falls away. If the late king, an expert in royal law, says for a successor, I nominate my wife.

"Is he not deviating from this right to king by birth? All sons were old enough to be identified as potential successors," Masuku told the court.

Advocate Menzi Simelane, for Simakade, also supported this contention. 

Simelane argued that Zwelithini was appointed by the brothers of the late King Bhekuzulu, and that custom dictated this procedure. 

"The person to assume the position of king of the AmaZulu nation should be identified in exactly the same way.

The question would then be, who would be those identifying family members? We submit it should be brothers and sisters of late King Zwelithini," Simelane said.

He told the court elders from the royal family were the ones who would identify a king from the eligible sons of the late king.

"It does minimise and take away the argument of one to be born to be king," Simelane said.

Both legal teams argued that Ramaphosa should not have issued a letter of recognition to Misuzulu, as he knew there was a dispute about who should take the throne.

The trial continues.