The legal wrangle surrounding the leadership of the Ngomane-Lugedlane Inner Royal Family in Mpumalanga has escalated to the High Court, as the royal family appeals an earlier ruling that dismissed their call for the removal of the chief, Sizwe Mkhulu Ngomane.
The origins of this dispute trace back to a resolution purportedly made on 3 December 2020, in which the royal family claimed to have voted to remove Chief Ngomane from his role due to allegations of misconduct, including a disrespectful handling of traditional duties and alleged criminal activities. The royal family sought to compel the Premier of Mpumalanga to acknowledge their decision, withdraw the chief’s recognition certificate, and ensure proper communication of the removal.
Despite the gravity of the royal family’s claims, the premier has argued that the accusations against Chief Ngomane lacked sufficient grounding to warrant such drastic measures. The court proceedings revealed that the Mpumalanga Department of Cooperative Governance and Traditional Affairs had previously intervened in the matter, communicating that the allegations could not be substantiated and that internal family disputes contributed to the current difficulties.
The premier’s perspective rested on the assertion that any decision regarding the removal of an Inkhosi (a traditional leader holding significant authority in community governance) involves assessing the interests of the broader traditional community. Importantly, the court ruled that the premier retains discretion under Section 20(3) of the Mpumalanga Traditional Leadership and Governance Act 3 of 2015, as opposed to an automatic obligation to remove a chief upon notification of a removal decision by the royal family.
The royal family claimed to have voted to remove Chief Ngomane from his role due to allegations of misconduct, including a disrespectful handling of traditional duties and alleged criminal activities.
The judgment not only reaffirmed the premier’s discretion but emphasised that there exist material disputes regarding the status and behaviour of the chief, which remained unresolved. The Ngomane-Lugedlane Inner Royal Family’s interpretation of the Act was deemed flawed; the court noted that attaching a literal meaning to the word “must” in the Act’s provisions undermined the legislative purpose of fostering democratic processes within traditional governance structures.
The appeal presented 10 grounds for contestation, but the court found these arguments unconvincing. Key points included assertions that the chief had violated customary principles and that the disparities in family dynamics and leadership capabilities should not be overlooked.
Chief Ngomane became Mpumalanga’s youngest traditional leader when he ascended to his throne during a well-attended ceremony at the Lugedlane Traditional Council Authority in July 2015.
#Conviction
