THE Supreme Court of Appeal (SCA) has ruled that Sithembile Mkhize, the widow of a deceased traditional leader, may substitute for her late husband in issues relating to monetary claims.
The case stems from the divisive contest for leadership succession of the Mbonambi community.
Zwelibhekile Sibusiso Mbuyazi had controversially been appointed in August 2006 as successor to his father, Inkosi Mtholeni Mbuyazi – who died intestate.
However, this was contested and his younger half-brother, Mkhanyiseni Mbonambi was instated in February 2010.
The protracted legal battle continued, involving both Cogta and the royal household, and a court order withdrawing both sons from the position was issued.
Hlonipile Mbonambi, wife of the late Inkosi Mbuyazi was appointed in 2012 to handle administrative duties on behalf of the community until such time as a legal successor was chosen.
However, during that year the deposed Sibusiso Mbuyazi subsequently also passed away, and his wife Sithembile Mkhize has fought for the chieftaincy rights of their son, Phatokuhle, and for certain financial claims.
Death link
The SCA has now ruled she may substitute her husband in a claim for loss of salary and a funding application to foot legal bills.
It found she had a damages claim based on the alleged wrongful removal of Sibosiso as Inkosi, with consequential salary loss and diminution of his deceased estate.
However, her application to substitute Sibusiso as guardian of their minor son, Phathokuhle, in a reinstatement claim, was dismissed.
The court held that the right Sibusiso alleged he was entitled to was a personal right, which died with him and could not be transferred to his widow or son.
Though Phathokuhle may have a claim to succeed his late father, he will not be able to obtain an order directing the Premier to appoint him as Inkosi, because certain legal procedures must be followed.
Meanwhile, the battle over the chieftaincy rights has delayed a R30-million payout to the Mbuyazi Tribal Authority at KwaMbonambi, and community development is being delayed as a result.
Even worse: A number of unnatural deaths are under investigation, allegedly linked to the ongoing conflict.
