Durban - Prince Simakade has finally filed his court papers where he is challenging the recognition of Misuzulu KaZwelithini as the King of the Zulu nation, starting his long journey to dethrone his half-brother - a battle that could drag on for some time.
The first-born son of the late King Goodwill Zwelithini also wants President Cyril Ramaphosa's gazette that announced and certified the recognition of the King to be declared invalid and set aside.
In his papers before the North Gauteng High Court in Pretoria, he said if all those cited (and those with interest in the matter) do not respond by 15 December 2022, the application should be made an order of the court - thus meaning an uncontested victory for him.
The court papers, which IOL has seen, were filed with the court on Monday and the sheriff of Pietermaritzburg in KwaZulu-Natal served all the cited parties on Tuesday morning.
The legal battle comes as there is a battle for the use of the eNyokeni palace for this weekend’s annual Zulu reed dance ceremony, with the Prince claiming the place is his base and out of bounds for the King.
BREAKING NEWS: Prince Simakade has finally filed his court papers where he is challenging the recognition of Misuzulu KaZwelithini as the King of the Zulu nation, starting his long journey to dethrone his half-brother. He also wants the gazette Pres Cyril Ramaphosa relied on
— Sihle Mavuso (@ZANewsFlash) September 13, 2022
It also comes at a time when the King’s coronation has been put on hold until next month (the exact date has not been finalised). It was initially mooted for September 24, a date that falls on the day Zulus celebrate as Shaka’s day.
Now the King will use September 24 to unveil a new statue of the legendary King Shaka, the founder of the Zulu nation at King Shaka international airport in Durban and later go to KwaDukuza for the main commemoration.
Court case: leading Prince Simakade’s legal team is Johannes Hammann, the Makhado-based legal eagle who waged the years-long battle that led to the dethroning of former Venda King, Toni Mphephu Ramabulana late last year.
“Take notice that the abovenamed applicant (him) intends to make application to the above honourable Court on a date and time to be arranged with the Registrar for an order in the following terms:
"Declaring that the identification of the Second Respondent as Isilo of the Zulu Nation by the Seventh Respondent, being the persons attending a meeting on 14 May 2021, convened by the Eighth Respondent, and purporting to be the AmaZulu Royal family ("the identification decision"), is unlawful and invalid;
“Declaring that the recognition by the First Respondent of the Second Respondent as silo of the Zulu Nation in General Notice No. 1895 contained in Government Gazette No. 46057 of 17 March 2022 ("the President's decision"), is unlawful and invalid; Reviewing and set aside the President's decision and the publication of it in the government gazette;
"The identification decision; the coronation or recognition ceremony of the Second Respondent which took place on 28 August 2022 (sic - it should be 20 August 2022), and which purported to formally recognise the Second Respondent as Isilo.“
Furthermore, Prince Simakade wants the court to bar Prince Mangosuthu Buthelezi from convening any meeting where a King of the Zulu nation can be identified.
“Interdicting the Eighth Respondent (Buthelezi) from convening any meeting of the persons constituting the Seventh Respondent or of any other group to identify a person to assume the position of Isilo,” he said in the papers.
According to his papers, it was he who was identified as the King of the Zulu nation during three meetings. Apparently, the meetings he is referring to are those called by the group of royal family members led by the late Princess Thembi, Prince Mbonisi and Prince Thokozani, amongst others.
“Declaring that the applicant (him) was lawfully identified as Isilo by the Zulu Royal Family at the meetings held on 5 May 2021, 23 May 2021 and 5 September 2021 referred to in the founding affidavit; Directing the First Respondent to recognise the Applicant as Isilo.”
Other than King Misuzulu, Prince Simakade cited respondents like Ramaphosa, Buthelezi, the Premier of KwaZulu-Natal, the national house of traditional leaders, the KwaZulu-Natal house of traditional leaders and all those who attended the meeting on 14 May 2021 where King Misuzulu was nominated (by Buthelezi who he claims is not a core member of the Zulu royal family) unopposed to take over the throne.