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Following a court ruling in the Eastern Cape, which restored the AmaMpondomise kingship this week, a debacle over the rightful heir to the throne is looming.
On Thursday, Mthatha High Court Judge Richard Brooks set aside former president Jacob Zuma’s decision not to recognise their kingship.
The court ruling is in response to an application brought by Luzuko Matiwane from the house of Jola, which has been locked in a marathon dispute with the house of Dosini, over who is the rightful heir to the throne.
The Dosini house is led by Simphiwe Molosi, who is the fifth respondent to Matiwane’s application.
However, according to court papers seen by City Press, the houses of Dosini and Jola united last week in their quest to have the AmaMpondomise kingship restored, despite initial disagreements.
Last week’s court order means that, in effect, the kingship has been restored. It was stripped of its status 115 years ago by the British colonial government.
Molosi said the royal clans were currently celebrating the court ruling.
“We will sit down and talk. If we do not agree, we will go back to court and ask the judge to decide for us [who is the rightful heir to the throne].”
However, Matiwane’s attorney, Mvuzo Notyesi, said there was no dispute over who the rightful heir should be.
“The court reinstated the kingship, which was dispossessed from King Mhlontlo in 1904. Now that the king’s title has been reinstated, it is King Mhlontlo’s royal family who must identify a successor, and the president will recognise that person.
“If another person makes a claim to the kingship, that person must lodge the claim legally.
“So, now there is no dispute in law and in fact about kingship. The royal family responsible for King Mhlontlo of the AmaMpondomise kingdom will identify the person to assume the kingship of AmaMpondomise in accordance with custom and tradition, and in terms of the act pronouncing on traditional leadership,” said Notyesi.
Zuma based his decision on an investigation that was conducted by the Traditional Leadership Dispute and Claims Commission, led by Bagudi Tolo.
The commission, which was set up in 2011, found in 2017 that AmaMpondomise was not a kingdom but a traditional community.
The Tolo Commission’s predecessor, the Nhlapo Commission, was set up in 2004 by the government in an attempt to restore the dignity of traditional leadership and to, among other things, investigate the authenticity of traditional authorities. It arrived at the same conclusion in 2010.
However, AmaMpondomise challenged the Nhlapo Commission’s findings in court. The court found that the commission had disregarded some historic and academic information and set aside its conclusions. It also ordered that the commission restart its investigations into the matter.
This led to the formation of the Tolo Commission.
During the judgment on the Nhlapo Commission’s findings, the court did not arrive at a decision on whether AmaMpondomise had a kingship or not.
In his judgment last week, Brooks set aside the proceedings of the Tolo Commission.
“The decision taken by the former president of the Republic of South Africa on December 13 2016 in respect of AmaMpondomise kingship is hereby reviewed and set aside. It is declared that AmaMpondomise did have a kingship and that such kingship is hereby reinstated,” Brooks said in his judgment.
AmaMpondomise were stripped of their kingship by the British colonial government in 1904 after their king, Mhlontlo, was accused of killing a white Qumbu magistrate, Hamilton Hope, and two white police officers during the AmaMpondomise revolt in 1880-81.
King Mhlontlo was acquitted but his kingship was not restored.
Since 1902, AmaMpondomise have reportedly appealed to successive governments for the recognition of their monarchical status, to no avail.
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