The Constitutional Court has upheld President Cyril Ramaphosa’s 2018 recognition of Zanozuko Tyelovuyo Sigcau as the rightful successor to the throne of amaMpondo aseQaukeni.
This will, hopefully, settle years of dispute over the succession issue.
Zanozuko died in 2022, the same year the Supreme Court of Appeal (SCA) found that the Commission on Traditional Leadership Disputes and Claims’ 2010 ruling that Zanozuko was the rightful successor to the throne was flawed.
This meant the president’s subsequent recognition of him was also flawed, the SCA ruled.
The SCA had upheld an appeal by Wezizwe Sigcau and her mother, Lombekiso Sigcau, who had challenged the Pretoria high court’s refusal to set aside the commission and the president’s recognition of Zanozuko as amaMpondo king.
But, its decision threw into disarray the succession issue.
The issue of the amaMpondo kingship has lingered for years, from the death of Mandlonke in November 1937 to the death of Mpondombini (in 2013), and the enthronement of Zanozuko.
It remained a contentious issue even after Zanozuko’s death, because the kingship would, in theory, remain in his house as he had been recognised as the rightful king.
The SCA ruling was considered progressive in that it turned on its head the traditional approach of taking only genealogy into account when considering who should succeed as king.
It found that amaMpondo customary law “incorporated indigenous political processes where the public or community participated in choosing between eligible candidates, based on both the strength of their familial claim and their ability to lead”.
The SCA said amaMpondo customary law on traditional leadership was malleable and not premised on inflexible genealogical rules and the commission had misunderstood its function in confining itself to the evidence led on behalf of the disputants (Mpondombini and Zanozuko) to the throne.
“The commission failed to consider that the customs and practices of amaMpondo at various times adapted to change in order to promote equality, non-sexism, and respect for communality and public participation in structures of governance, consistent with the principle that leadership derives its mandate from the people.”
It ruled that though both Mpondombini and Zanozuko had since died, “a fresh process to identify a queen or king of amaMpondo” was needed.
It found the commission had instead centred its inquiry on genealogy and ruled that no regard should be had to the question of public participation in the process.
But the Constitutional Court found this reasoning was flawed.
It said the SCA had ventured beyond the proper scope of its judicial review powers by suggesting the commission should have considered a broader scope of evidence to obtain a more comprehensive view of living customary law of amaMpondo.
Judge Zukisa Tshiqi, with a coram of seven other judges agreeing, said that even from a practical point of view, it was impossible to determine who the “royal family” was without first determining which line of descent — that of Nelson [Sigcau] or that of Botha [Sigcau] — produced the true heir.
The court held that the review by the respondents ultimately failed and Zanozuko died as the king of amaMpondo.
Though his successor will have to be identified, this will be done against the background that Zanozuko was recognised as the king.
“The application for review has no merit. The parties approached the courts because they were struggling to resolve the dispute among themselves.
“There have been decades of uncertainty for amaMpondo as to who should be the true heir to the throne.
“In my view, therefore, even from a practical point of view, it is impossible to determine who the ‘royal family’ is without first determining which line of descent, that of Nelson or that of Botha, produces the true heir.”
Zanozuko’s family’s legal representative, advocate Matthew Mpahlwa, welcomed the judgment.
“This case has a long history. We are glad the courts navigated through the confusing facts at times and got it right finally after years of repeated judgments.
“It’s applaudable when justice is served. A meeting will be held with the royal family and we will announce on the way forward by Saturday,” Mpahlwa said.
“Lastly, those who went to court must find it necessary to unite now and build the nation.”
DispatchLIVE
Would you like to comment on this article?
Sign up (it's quick and free) or sign in now.
Please read our Comment Policy before commenting.