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King Misuzulu’s Throne Secured As Constitutional Court Rejects New Challenge

King Misuzulu’s Throne Secured As Constitutional Court Rejects New Challenge

King Misuzulu kaZwelithini’s position as AmaZulu monarch has been further cemented after the Constitutional Court dismissed a fresh legal challenge seeking to overturn his recognition.

The ruling effectively closes another chapter in the long-running royal succession dispute that has divided members of the Zulu royal family since the death of King Goodwill Zwelithini.

On Friday, the apex court rejected an application brought by Prince Mbonisi kaBhekuzulu and other royal family members who wanted the court to revisit an earlier decision that upheld King Misuzulu’s recognition.

Constitutional Court Rejects Prince Mbonisi’s Rescission Application

The Constitutional Court found no basis to revisit its previous judgment and dismissed the application with costs.

In April, Prince Mbonisi and 23 other members of the royal family approached the court seeking to rescind its February ruling. That earlier judgment had refused them leave to appeal a Supreme Court of Appeal (SCA) decision recognising King Misuzulu as the legitimate AmaZulu monarch.

In Friday’s ruling, the court made its position clear.

“The Constitutional Court has concluded that no case has been made out for a rescission, therefore the application must be dismissed with costs,” read the judgment.

Prince Mbonisi, the half-brother of the late King Goodwill Zwelithini and uncle to King Misuzulu, declined to comment on the outcome, saying he first needed to consult with his legal team.

King Misuzulu Recognition Dispute Reaches Another Legal Dead End

The dispute stems from President Cyril Ramaphosa’s decision in 2022 to formally recognise then-Prince Misuzulu as the AmaZulu king.

In December 2023, the Pretoria High Court ruled in favour of Prince Mbonisi and Prince Simakade, who challenged the president’s decision. Judge Norman Davis found in their favour, creating uncertainty around the succession matter.

However, the SCA later overturned that judgment, restoring King Misuzulu’s position. The Constitutional Court subsequently refused an appeal earlier this year, finding that there were no reasonable prospects of success.

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In his latest application, Prince Mbonisi asked the court to reconsider that decision and allow oral arguments to be presented.

He argued that the process used to identify King Misuzulu was flawed because individuals who were not members of the royal family allegedly participated in the meeting where the successor was identified.

“You can be our close relative, and we referred to you as our uncle, but that did not make you a family member.”

The remarks appeared to refer to the late Inkosi Mangosuthu Buthelezi, who chaired the meeting at which King Misuzulu was identified as the next monarch.

Prince Mbonisi Argued Succession Process Breached The Law

In court papers, Prince Mbonisi described himself as the eldest surviving brother of the late King Zwelithini and a senior member of the Zulu royal family.

He argued that Zulu custom and tradition required him to play a significant role in matters concerning the identification of an heir to the throne.

Prince Mbonisi further contended that President Ramaphosa’s recognition of King Misuzulu did not comply with provisions of the Traditional and Khoi-San Leadership Act, specifically Sections 8(1)(a) and 8(4).

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As part of his argument, he relied on the Constitutional Court judgment in the Mothulwe v Labour Court matter, where the court agreed to revisit an earlier ruling.

He also maintained that both the Pretoria High Court and the SCA failed to properly consider whether the doctrine of res judicata should have applied, particularly because a related issue had previously been dealt with by the Pietermaritzburg High Court.

Prince Mbonisi argued that the differing conclusions reached by the Pretoria High Court and the SCA demonstrated that important legal questions remained unresolved and warranted the Constitutional Court’s attention.

Despite those submissions, the Constitutional Court found no grounds to rescind its earlier judgment, leaving King Misuzulu’s recognition intact and bringing another legal challenge to an end.

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