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Independent Newspapers
Durban – After 75 years of festering disputes, the Constitutional Court has set aside the appointment of Zanozuko Sigcau as traditional king of Eastern Pondoland.
The Concourt ruling, announced on Thursday, has created further uncertainty about the identity of the rightful king, and could have important ramifications for the controversial N2 Wild Coast Toll Road and Wild Coast dune mining proposals.
Almost two years ago, President Jacob Zuma declared Zanozuko the king of amaMpondo aseQaukeni (Eastern Pondoland), in place of his uncle, Mpondombini Sigcau.
Zuma’s decision was based on a recommendation made by the Nhlapo Commission on Traditional Leadership Disputes and Claims in January 2010.
Zanozuko has declared strong support for the proposed N2 Wild Coast Toll Road from Durban to East London, and has backed plans for an Australian-led sand dune mining venture at Xolobeni, south of Port Edward.
Mpondombini, his late uncle, was a vocal opponent of the road and the mining.
Now that Zanozuko’s appointment as king has been set aside, the 75-year-old traditional leadership dispute appears to remain largely unresolved.
The Concourt ruling called into question the decision of the Nhlapo Commission, and set aside Zuma’s declaration of Zanozuko as king.
The court held that, because of recent amendments to traditional leadership laws, Zuma had not followed the correct legal procedures when he recognised Zanozuko.
Complicating the issue is that Mpondombini died earlier this year, raising questions around who might be his successor if Zanozuko’s claim to kingship is overturned through further legal action.
The Concourt judgment dealt only with the procedural aspects of Zanozuko’s appointment as king. As a result, the court said, there was no need to deal with the merits of the legal dispute about who should be king.
Nevertheless, the court noted that the amaMpondo nation had played “a significant part in the history of resistance to oppression” in South Africa.
“Under the leadership of Faku, who ruled from 1824 to 1867, the amaMpondo defended themselves in the Mfecane wars and extended their sphere of influence,” it said.
Their land had been colonised only in 1894, and decades later the people rebelled again during the “Pondoland Uprising” of 1960.
“It is ironic that both the rise of Faku and the uprising of 1960 still resonate, at different levels, in this (current) dispute.”
The contest came to a head in 1937 with the death of King Faku’s successor, Mandlonke.
On his death, there were competing claims from his brothers, Botha Sigcau and Nelson Sigcau.
Botha was eventually appointed as the new paramount chief of Eastern Pondoland, and when he died, he was succeeded by his son, Mpondombini.
Zanozuku respected the Concourt decision, a spokesman, Ntsizakalo Ngalo, said on Thursday night.
Ngalo said while there might be different interpretations of the effect of the ruling, Zanozuko’s interpretation was that Mpondombini’s family would be obliged to mount further legal action.
A spokesman for Mpondombini’s court could not be reached, but it is understood that this branch of the royal family may choose to appoint a younger member of the family as an interim leader, with Queen MaSobuzha Sigcau acting as regent until the child reaches adulthood.
tony.carnie@inl.co.za
The Mercury
