King Misuzulu and Chief Mangosuthu Buthelezi during the Commemoration of the Anglo-Zulu War in Nquthu northern KZN last year. Picture: Khaya Ngwenya/African News Agency (ANA)
The isiZulu monarch King Misuzulu KaZwelithini has asked the North Gauteng High Court, Pretoria, to postpone his legal showdown with Prince Simakade and Prince Mbonisi over the Zulu throne.
According to a letter sent by the King’s attorneys to the Deputy Judge President Aubrey Ledwaba, King Misuzulu requested the postponement on the basis that his traditional prime minister, Prince Mangosuthu Buthelezi, has not deposed his affidavits as yet as he indicated he would only do so after meeting with Amakhosi.
The legal battle was to start on May 31 and run until June 2 in the Gauteng High Court, Pretoria.
The letter, dated May 19 and sent to other legal houses and the Office of the State Attorney, was sent by the King’s newly appointed attorneys, Cavanagh and Richards, who were appointed two days before the letter was sent.
According to the letter, their appointment as attorneys for the King “at this belated stage” came about as a result of the existence of a material conflict of interest between the King and Prince Buthelezi.
The firm Strauss Daly Attorneys acted for and on behalf of both the King and Prince Buthelezi in the pending applications. However, it became evident that a material conflict of interest existed between the two, and the Prince failed to depose to the answering affidavit in both applications.
In the letter, it was stated that Prince Buthelezi failed to depose of the affidavits “for reasons unrelated to the subject matter of the two (2) pending applications”.
“It subsequently became evident that Prince Buthelezi was not going to depose to the answering affidavit until he has consulted with the AmaNkosi,” the letter read, which resulted in the King appointing new attorneys to act on his behalf.
“At all relevant times, our client acted on the advice of his attorneys and counsel, who acted for both Prince Buthelezi and himself. Consequently, our client awaited the signed answering affidavit from Prince Buthelezi to depose to his confirmatory affidavit thereafter. Unfortunately, and for reasons beyond our client’s control, same was not forthcoming despite our client’s best endeavours to have the affidavits signed and filed timeously in preparation for the hearing, which is set down for 31 May 2023 to 2 June 2023.
“It behoves no argument that our client has suffered severe prejudice and will continue to suffer severe prejudice as a result of this impasse, which may have dire consequences for the King, should he not be afforded the opportunity to file comprehensive opposing affidavits in both the two (2) pending applications,” the letter read further.
Premised on these circumstances, the King has asked for these applications to be reconsidered and enrolled for hearing on a future date to be determined by the Deputy Judge President.
There have been reports of a bitter fallout between Buthelezi and King Misuzulu over the appointment of Inkosi Thanduyise Mzimela as the new chairperson of the Ingonyama Trust Board.
King Misuzulu said he was informed that Buthelezi refused to back him by filing supporting affidavits in his court case against Prince Simakade unless Mzimela was sacked.
As previously reported by IOL, King Misuzulu said he was informed that Buthelezi had insisted the chairperson of the Ingonyama Trust Board should be someone with legal expertise and he would only sign the affidavits if Inkosi Mzimela resigned with immediate effect.
kailene.pillay@inl.co.za
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