Durban - The Ingonyama Trust whose sole trustee is the Zulu King, Misuzulu KaZwelithini, and which administers vast tribal lands mainly in rural and peri-urban areas in KwaZulu-Natal, says its appeal to the Supreme Court of Appeal (SCA) is still on.
The Pietermaritzburg-based entity says what the court dismissed last week was the appeal on the recusal of Judge Isaac Madondo and the late Bhekisisa Mnguni, as they were conflicted on the basis that they own land under the trust.
Last week it was widely reported that the trust has lost its last-ditch Supreme Court of Appeal (SCA) bid to set aside the Pietermaritzburg High Court ruling which ordered it to refund people it charged for occupying tribal land under its care.
NEWS: The Ingonyama Trust says its appeal to the SCA is still on. It says what the Supreme court dismissed last week was the appeal on the recusal of Judge Isaac Madondo and the late Bhekisisa Mnguni as they were conflicted on the basis that they own land under the trust. @IOL
— Sihle Mavuso (@ZANewsFlash) August 29, 2022
The SCA ruled that the appeal has no prospect of success even if it is heard. In June last year, the KwaZulu-Natal Deputy Judge President, Isaac Madondo, ruled that the billing of tenants living in tribal land under the care of the trust was unlawful.
Judge Madondo ordered the trust to refund all the people it has collected money from and the amount runs into millions – no time frame was given for the refunds.
Now the trust has come out to clarify the matter. In a statement to IOL, it said on June 30, a two-fold application was filed with the SCA, the first part was relating to the main judgment which was granted on the issue of leases, and the second related to the recusal of the two justices (Madondo and Mnguni) from adjudicating on the matter.
“The matter was adjudicated by the SCA judges on paper and no oral evidence was delivered by the interested parties. The SCA came to a conclusion on this matter on August 17 and dismissed the application for recusal of the Justices of the High Court. The SCA did not dismiss the leases matter as it is widely reported.
“It is, however, unprecedented that the Ingonyama Trust only heard about this decision of the SCA through the media and no formal communiqué was sent by the Registrar of the SCA pertaining to this decision.
“The main appeal in this matter is going ahead as the pleading process is ongoing and papers are being presented by both parties to the SCA at the present moment,” the trust said.
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