Members of the royal family supporting Prince Simakade Zulu’s claim to the throne say they are confident that they have enough grounds to challenge King Misuzulu kaZwelithini to the throne.
Prince Smakade’s faction held a press conference in Durban to provide an update on the court case.
The battle for the throne case is set to resume in the North Gauteng High Court on Monday.
The case was postponed in May after the King requested a postponement on the basis that he was still waiting for the late Amazulu traditional Prime Minister Prince Mangosuthu Buthelezi to depose his affidavit.
“The issue of the meeting of May 2021, that it was convened by a person who lacked authority to do so – that it was not properly constituted in terms of our customary practise and culture, and that an essential section of the Zulu Royal family being the offspring of Isilo Sakwa Khethomthandayo – had been edged out in the process; the senior princess of the houses constituting the Zulu Royal family had been edged out, attendance, presence, and participation in that particular meeting by those who are not members of the Zulu Royal family in contravention of the relevant provisions.”
Legal Analyst Mpumelelo Zikalala, from Zikalala Attorneys explaining some challenges in interpreting customary law, says, it is going to be difficult to adjudicate the matter.
“The difficulty that the presiding officers are going to have is that, when it comes to customary law it is not written down anywhere. So, we don’t have legislation that says this is Zulu royal customary law act number one of 2000 and something. So, in this case, it becomes very difficult to determine what is exactly true, authentic form of that particular law,” says Zikalala.
“And what it ought to be the only reprieving we are going to have is go back and say, do those individuals, (who) previously existed in a particular point in time, how did you handle this particular matters? Do you have a diary on affidavits? Do you have any substantial evidence and supporting evidence that you may be able to prove. If the answer is no, that means it’s not a practice which was usually followed.”
