Legal expert, Mpumelelo Zikalala says members of the AmaZulu Royal Family can still challenge the judgement by Judge Isaac Madondo for making a ruling on aspects that were not before court – specifically the issue of Prince Misuzulu KaZwelithini being the rightful successor to the throne.
On Wednesday, the Pietermaritzburg High Court dismissed applications for interdicts that could have stopped the process to appoint a successor to the late King Goodwill Zwelithini.
Judge Madondo said the interdict he granted against the execution of the late king’s will has no bearing on the throne.
He said the succession to the throne is not for him to determine, but went on to say that Prince Misizulu’s nomination remains undisputed.
Pietermaritzburg High Court hands down judgment in the AmaZulu Royal family dispute:
Zikalala says the applicants could argue that they were not given an opportunity to respond.
“What the judge was doing, he was doing something within his realm, within the duties of the judge of saying let me deal with this matter that will require the court at a later stage. They will come back on the opposing, on the counter side and say the mere fact that he dealt with this matter and we were not given an opportunity to raise our arguments,”
“It means he has come to a conclusion that he came with yesterday, without listening to all the other parties. They can say that is why we need this particular opportunity to submit our dispute to make our submission. So that at the end of the day the matter can be adjudicated in a correct way,” explains Zikalala.
Zikalala adds that Judge Madondo’s ruling does give the royal household as well as President Cyril Ramaphosa a go-ahead for the coronation of Prince Misuzulu KaZwelithini as King.
He says before putting his stamp of approval on the nomination, the President will look at various factors and processes followed in this regard.
“Definitely it is important for the President to sit and analyse, he might say let me look at the point which I’m supposed to comply with, was there a meeting attended by individuals that were meant to have been there? Was there a decision taken in which everyone was given an opportunity to make their points? If the answer to all those decisions is yes, then the President will say I am signing on a dotted line everything was fine. If there are any other aggrieved parties to that particular decision, they are free to go to court and challenge the manner and processes followed by the President,” he adds.
The video below is reporting on the court ruling: