King ‘benefiting from government funds’

Court says application regarding an interdict on funds could be heard urgently

AMAZULU King Misuzulu kaZwelithini’s rivals within the royal family want the king to stop using government or Ingonyama Trust funds in the legal battle for the throne.

The Pietermaritzburg High Court yesterday delivered judgment that there was indeed an urgent basis to hear the application to interdict the provincial government and the Ingonyama Trust from paying the king’s legal fees.

Immediately after the judgment, the court heard from the legal team representing Prince Mbonisi Zulu, who together with other members of the royal family made the application to the court.

Prince Mbonisi Zulu is Misuzulu kaZwelithini’s uncle.

Misuzulu and his relatives are involved in a protracted battle over the kingship and some members of the royal family have challenged the procedure that led to the king’s ascendancy and want it to be set aside.

Mbonisi’s legal team, advocate Thabani Masuku and instructing attorney Barnabas Xulu, argued that it was “improper” for the government to pay the king’s legal fees and that while there were many people involved in this fight, the government was paying only the king’s fees.

The case for Mbonisi and several other royals is centred on three areas.

They question the legality of the provincial government’s decision to fund the king’s legal fees and they question the standing of the Ingonyama Trust Board, alleging that the board was not properly constituted.

They also claim the board is taking decisions that are questionable, including paying some of the king’s legal fees.

Masuku said that the government should not be paying the king’s legal fees.

He said the provincial government had set aside close to R15 million that will be going towards the king’s legal fees.

“We would like the Office of the Premier to provide the legal basis upon which they are paying these fees.”

Masuku argued before the court that the actions of the applicants were not motivated by their own desire for the throne but were purely to prevent the misuse of state resources

He said in this case, his client’s interest in the matter was based purely on public interest.

This was after high court Judge Peter Olsen questioned whether the motives of the applicants was pure public interest considering that they are interested parties in the matter of the kingship.

The judge had asked whether this cannot be seen as an attempt to ensure that the king does not have legal counsel or that his lawyers are paid.

Masuku denied that this was the case.

He also raised concerns about the actions of the Ingonyama Trust Board, saying the board had also paid a substantial amount towards the king’s legal fees and said there were concerns that the board could continue paying for the king’s legal fees.

Masuku questioned the legal basis for the board to be paying any legal fees on behalf of the king.

Xulu said there were a number of issues the applicants “found to be unlawful and as such they will continue with the matter even if they lose this case”.

“The court has agreed that this case must continue in order to look at whether the king can use government funds (including) those of Ingonyama Trust to fight his battles to remain on the throne.

“There are many people that are a part of the battle but the State is not sponsoring their legal defence.”

Xulu said the applicants will spell out to the courts the relief they seek.

Misuzulu’s Traditional Prime Minister, Thulasizwe Buthelezi, speaking outside the court yesterday, said those opposed to the king will use any means necessary to displace him from the throne.

He said it was clear that the intention of the case is to cut off the resources available to the king.

“It is clear, (that these are) attempts by Prince Mbonisi to strip the king of his powers and have been exposed and have been laid bare as a veiled attempt to try and usurp the power through the back door.

“You can see that the whole thrust is to ensure that the king is without legal representation and to ensure that the king cannot perform his duties as provided for in the law.

“We are confident that at the conclusion of this case, the king’s position will be reaffirmed and that this attempt to try and usurp the throne through the back door will be defeated,” he said.

The matter will continue today with the king’s legal team expected to respond.