Durban - A day before the North Gauteng High Court in Pretoria hears an urgent court application to halt the coronation of King Misuzulu on August 13, briefing notes for royal family members opposed to the King’s ascendancy admit that the case may not go in their favour.
The briefing notes were released by the royal family members opposed to King Misuzulu to explain all the three court cases they are currently pursuing.
They also sought to clarify to other members of the royal family and the general public why these court cases are important and where they are right now.
The notes look at the will of the late King Goodwill Zwelithini, which it has since emerged that a Hawks investigator found that it had a forged signature, thus rendering it invalid. They also look at the appeal before the Supreme Court of Appeal (SCA) in Bloemfontein where Prince Mbonisi and others are challenging the ruling by Judge Isaac Madondo of the Pietermaritzburg High Court which paved the way for the recognition of the King by President Cyril Ramaphosa.
Lastly, the notes then dwell on the urgent application to be heard virtually on Tuesday. The notes state that the urgent application is critical because “the coronation is the final step in putting in position a King. Until this is done, the process is not completed.”
Towards the end of the notes, it states that the urgent application may fall flat as there is a pending application before the SCA to set aside Madondo’s application.
“It is possible that the urgent application can go in favour of the respondents. This is because there is a legal principle in law that says that, once someone is in a position, a temporary decision is not good to use to change things. It is better to wait for the final decision. The reason is that both sides can be wrong. So, disruption must be avoided.
JUST IN: A day before the Pretoria High Court hears an urgent court application to halt the coronation of King Misuzulu, briefing notes for royal family members against the King admit that the case may not go in their favour. The case will be heard virtually on Tuesday. @IOL
“For example, if the courts change things now before the review is heard and then it turns out that the respondents succeed on review, the disruption that would have been caused would have been unnecessary. Whereas it is better that the current situation goes ahead because if the applicants win on review, everything that has happened can be reversed.
“The court can say that this is a better disruption because it will be permanent and things will be fixed permanently. The principle in 21 above is based on the fact that an urgent application is intended to get interim relief pending a final decision at a later hearing. In this case, the final hearing is the review application,” read the notes.
Early last week, Prince Mangosuthu Buthelezi, the King’s traditional prime minister, filed his court papers in support of the latter. In them, he said Prince Mbonisi and the 13 other royals were jumping the gun since the SCA was yet to rule on the matter.
“Moreover, such declaratory relief would effectively pre-empt the decision in the review court (the appeal in the SCA),” Buthelezi stated in his affidavit and other portfolios of evidence meant for the court.
For the same court case, King Misuzulu has filed a supporting affidavit where he told the court that the allegations that he committed incest, abuses drugs and alcohol and loses his composure after taking one too many, are meant to tarnish his image and are patently false.
Prince Mbonisi asked to be called later, saying he was in a meeting.
Current Affairs