AmaZulu King Misuzulu KaZwelithini. Photo: Supplied
Parliament has declared AmaZulu King Misuzulu kaZwelithini’s suspension of the Ingonyama Trust Board (ITB) members unlawful and that only the Rural Development and Land Reform Minister Mzwanele Nyhontso can appoint, fire or suspend members.
On Wednesday, the Portfolio Committee on Land Reform and Rural Development received a briefing from Parliamentary Legal Services on the legal foundations of the Ingonyama Trust and the ownership and vesting of the trust’s property and assets.
The committee also received a legal opinion on King Misuzulu’s suspension of the Ingonyama Trust Board and his appointment as chairperson and the implications for Parliament’s oversight.
Parliamentary Legal Services adviser advocate Zuraya Adhikarie told the committee that King Misuzulu, the Ingonyama Trust chairperson, acted outside the scope of his powers in suspending board members.
“In view of the above facts and legislative framework governing the Ingonyama Trust and the board, it is our view that the chairperson of the board acted beyond the scope of his powers in suspending a member of the board as such power to appoint and suspend members of the board, is vested with the minister.”
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Committee Chairperson Albert Mncwango said they wanted to gather information and listen to the stakeholders involved in the matter.
“We approached the legal services of Parliament, who actually assisted us with some key legal questions. The presentation that was made today by the legal services was critically important because at least we know we have a broader picture of what the legal framework is with regard to the legal foundations of the Ingonyama Trust and the issues around the powers of the chairperson and board.”
In the legal opinion, addressed to the Secretary of Parliament Xolile George and Mncwango – dated 10 February – Adhikarie said her office, Constitutional and Legal Services Office, was requested to advise the committee on how it should respond to the governance challenges at the ITB.
Mncwango said the committee will meet with King Misuzulu to discuss the legal opinion that was given to it.
King Misuzulu took over as the chairperson of the ITB in early 2024 against the advice of the then-land reform and rural development minister Thoko Didiza.
In December, executive board members were served with suspension letters in a dramatic sequence of events, triggering a stand-off between King Misuzulu and the board while Nyhontso was still considering whether to suspend the members or dissolve the board entirely.
According to King Misuzulu, the decision stemmed from his lack of trust in the board’s ability to perform its functions.
The Ingonyama Trust is a corporate entity established to administer the land traditionally owned by the Zulu people, represented by their king, for the benefit, material welfare and social well-being of the Zulu nation, who continue to occupy the land as they historically have done.
The Trust’s Board consists of the King, MisuZulu Zulu, who chairs it, and eight members appointed by the Minister of Rural Development and Land Reform in the national government after consultation with the King, the Premier of KwaZulu-Natal, and the chairperson of the KwaZulu-Natal House of Traditional Leaders.
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