- Supreme Court of Appeal secures Zulu throne, the court ruled that Prince Misuzulu’s identification and recognition as Zulu King were lawful, final, and in full compliance with customary law and national legislation.
- Rival claims dismissed, the SCA overturned the High Court’s remittal order as “incompetent,” dismissed cross-appeals by rival princes, and underscored the finality of the succession process.
- Customary law and presidential authority reinforced, the judgment reaffirms the legal authority of customary law and the constitutional role of the Presidency in recognising traditional leaders like the Zulu King.
The fight over who should wear the Zulu crown has finally been settled, and the Supreme Court of Appeal didn’t mince words.
In a ruling that cuts through years of royal infighting, the Supreme Court declared that Prince Misuzulu’s rise to the throne was lawful, legitimate, and backed by tradition.
“The identification of Prince Misuzulu by the Zulu Royal Family was done in accordance with Zulu customary law and customs,” the court stated plainly, adding that the President’s recognition of him “was not unlawful and did not warrant remittal for investigation.”
The judges also slammed the High Court’s attempt to reopen the succession debate, calling its remittal order “incompetent.” As for the rival princes, their cross-appeals were dismissed with costs. “The matter was res judicata,” the court said, meaning it had already been decided, and there was no legal basis to revisit it.
Custom, conflict, and coronation
The dispute began after the death of King Zwelithini ka Bhekuzulu in March 2021. His will named Queen Mantfombi Dlamini-Zulu as regent, and she in turn, nominated her son, Prince Misuzulu, as successor. But her death weeks later triggered a wave of competing claims. Prince Simakade was nominated by a faction led by Princess Thembi, while Prince Mbonisi challenged the legitimacy of the process.
Despite these divisions, a meeting of over 140 royal members on 14 May 2021, chaired by Prince Mangosuthu Buthelezi, formally identified Prince Misuzulu as the King. Crucially, Prince Simakade’s own statement, read aloud at the meeting, confirmed his willingness to support any nominee chosen by the elders. “I can confirm that I have not told anyone that I covet this position,” he wrote. “I will not disobey the words of our elders.”
Presidential recognition and legal finality
Following the Royal Family’s decision, the President formally recognised Prince Misuzulu on 16 March 2022, acting under section 8 of the Traditional and Khoi-San Leadership Act. His decision was based on the absence of any pending appeals and the clarity of Acting Judge P Madondo’s earlier ruling in the Pietermaritzburg High Court, which had dismissed challenges to the identification process.
The North Gauteng High Court later attempted to set aside the President’s recognition and ordered a fresh investigation. But the SCA found this approach legally flawed. “The remittal order by the high court was incompetent,” the judgment declared. The court reaffirmed that the identification issue had already been adjudicated and could not be reopened.
The court affirmed that customary law, when properly followed, holds legal weight, and that the Presidency’s role in recognition is not subject to arbitrary interference. As the court concluded, “The identification and recognition decisions were lawful, final, and binding.”
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