Pietermaritzburg High Court Judge Isaac Madondo has dismissed with costs the application for a declaratory order made by the wife of the late AmaZulu King Goodwill Zwelithini kaBhekuzulu, Queen Sibongile Zulu, about what she is entitled to in his will.
Queen Sibongile had claimed half the king’s estate based on the fact that they were married in a civil union and in community of property in 1969.
In handing down judgment, Judge Madondo said he was not asked to declare the king’s other customary marriages invalid.
He further said he cannot pre-empt how the executor will disburse the king’s estate.
“The applicant queen has not put a case in respect of any of the released swap in the amended notice of motion, therefore the order made in this regard is that the application is dismissed with cost, that will include cost for employment of senior counsel.”
Madondo also said in his ruling the estate has not yet been presented to the Master of the High Court and that her application is premature.
The fact that she had a civil marriage in community of property is not being contested by the other queens.
Affidavit
In January, Madondo dismissed an application by Zulu to amend her founding affidavit.
Zulu and her two daughters, Princesses Ntandoyenkosi Zulu and Ntombizosuthu Zulu-Duma are challenging the validity of his will.
Zulu’s legal team, led by Advocate Nigel Redman, told the court that the late-king as precluded from marrying other queens.
Handing down his judgment for the amendment of her affidavit, Madondo said that the applicant had not indicated that she might amend the document.
He further told the court that allowing an amendment would have far-reaching consequences even for the children of the other queens and widows.
Zulu is asking the court to assert her right to 50% of the late AmaZulu King’s estate based on her civil marriage to him.
Proceedings of the hearing :
Additional reporting by Dries Liebenberg and Nonkululeko Hlophe.
