- The Constitutional Court has upheld KwaZulu-Natal’s traditional leadership law.
- Royal families do not have the exclusive power to remove an iNkosi.
- The dispute over iNkosi Bhekizizwe Luthuli’s misconduct inquiry will now return to the High Court in Pietermaritzburg.
The Constitutional Court has decided that the KwaZulu-Natal government holds the final legal authority to remove traditional leaders, settling a landmark dispute about the role of royal families in misconduct cases.
In a unanimous ruling delivered on 11 September 2026, the country’s highest court confirmed the KwaZulu-Natal Traditional Leadership and Governance Act. While royal families remain custodians of customary law, the court found that the withdrawal of an iNkosi’s official recognition is ultimately the state’s responsibility.
The judgment overturns an earlier High Court decision in Pietermaritzburg, which had declared parts of the provincial law unconstitutional after finding that the Luthuli uMndeni was left out of the disciplinary process.
The case began when iNkosi Bhekizizwe Nivard Luthuli lost his recognition as traditional leader of the eMathulini Traditional Community following claims that he imposed illegal levies, confiscated land, and showed political favouritism in allocating community services.
Court draws the line between custom and state power
The Luthuli royal family argued that customary law gives the uMndeni the authority to discipline and remove an iNkosi, making the provincial misconduct process unconstitutional.
Justice N Dambuza rejected that argument and said the Constitution protects customary law while also requiring accountability, fairness, and independent decision-making.
“The claim to an exclusive right to adjudicate and the right to withdraw recognition must fail,” Justice Dambuza wrote for the unanimous court.
Justice Dambuza said the provincial inquiry process offers an independent forum to investigate serious allegations against traditional leaders and protects communities from abuses of power.
Royal families remain part of the process
The Constitutional Court made it clear that royal families are not being sidelined. Where an inquiry involves customary law or traditional practices, the presiding officer must ensure the right custodians of those customs, including the uMndeni if necessary, can give evidence and help the inquiry.
The court said taking part in the process is different from having the sole power to decide if a traditional leader should be removed.
Luthuli dispute is not over
While the Constitutional Court settled the constitutional question, it did not decide whether the inquiry against Luthuli was conducted lawfully.
The court ordered Luthuli to return to the High Court in Pietermaritzburg within a month so that his separate review application can be heard. That hearing will determine whether the misconduct inquiry was fair and lawful.
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