The Pietermaritzburg High Court will on Wednesday deliver judgment on the application by the AmaZulu Queen Sibongile Zulu to amend her affidavit filed to the court.
The Queen has asked the court to assert her right to 50% of the late King Goodwill Zwelithini’s estate. The Queen also wants the court to rule on the validity of the king’s five customary marriages.
Zulu regiments, Amabutho ignored the directive by the AmaZulu Prime Minister Prince Mangosuthu Buthelezi to desist from going to the Pietermaritzburg High Court.
The civil matter was brought before the court by the 1st wife of the late AmaZulu King Goodwill Zwelithini. The Queen married the King in a community of property in 1969 under civil law.
Her lawyers argued that their civil marriage precluded the king from entering into other polygamous marriages.
King Zwelithini married five other wives under customary law following his civil marriage to the Queen. The Queen also wants the court to determine the validity of the King’s customary marriages.
Pietermaritzburg High Court Judge Isaac Madondo:
Validity of the marriages
Advocate Nigel Redman, representing Queen Sibongile Zulu says, “Outlining the relief sought. Also explaining to the court that the late King was aware and concerned about the civil arrangement. Saying that she also wants the court to rule on the validity of the marriages.”
This argument was vigorously challenged by the lawyers of King-elect Misuzulu Zulu. Advocate Griffith Madonsela took the court to the founding affidavit of the Queen where she conceded that the King’s customary marriages are in fact recognised under the Recognition of Customary Marriages Act.
The court also refused to be drawn into determining the validity of the King’s customary marriages. The judge pointed out that the Queen failed to clearly state in her affidavit that she also seeks this relief.
The Queen also asked the court to grant her permission to amend her affidavit which was also disputed by the opposing lawyers. Judge Madondo will deliver his judgment on this application on Wednesday.
#sabcnews #sabckzn Scenes outside the Pietermaritzburg high court Amabutho the Regiments who came to support King MisuZulu KaZwelithini, however the AmaZulu King is NOT in court. #AmaZulu pic.twitter.com/sNvY9TYT6f
— Nonkululeko Hlophe (@Leko3) January 11, 2022
Judge won’t recuse himself
Meanwhile, Judge Isaac Madondo has denied a request from Queen Dlamini-Zulu’s legal team for the matter to be rolled over to Wednesday, to allow them to file an application for him to recuse himself. This follows claims that the Madondo presided over one of the late King Goodwill Zwelithini’s customary marriages.
Queen Sibongile Dlamini-Zulu and her daughters – Princesses Ntandoyenkosi Zulu and Ntombizosuthu Zulu-Duma- are also challenging the validity of his will.
The will named the late Queen Mantfombi Dlamini-Zulu as Regent following the King’s death last year. She appointed King Misuzulu kaZwelithini as her successor in her will.
Judge Madondo has denied the request for a rollover. “As she wants her 50% of the estate, she does not take them into consideration in that respect that she is entitled to her share on what she concentrates is the protection of her 50%. By so saying does not mean whether these marriages are valid or not valid. And she is clear that she does not want these people to be treated rudely or kicked out of the palaces or their children to be disinherited whatever, therefore. I rule that in the replying affidavit or the notice of motion where this court is called upon to determine and make a finding on the validity of the subsequent marriages with other queens. So then the rolling over of the matter until tomorrow of this matter in this regard is refused,” he reads.
Following the death of Zwelithini and the late Regent Queen Mantfombi Dlamini-Zulu, divisions have emerged with the Zulu Royal family over who is the rightful successor.
Succession battle for Ubukhosi besizwe samaZulu in court:
