The Minister of Land Reform and Rural Development is hoping that one of the first issues that King Misuzulu kaZwelithini addresses after coming out of cultural seclusion will be the date of their meeting to discuss the Ingonyama Trust debacle.
Minister Mzwanele Nyhontso briefed the Portfolio Committee on Land and Rural Development, on Tuesday, on the latest developments regarding the governance of Ingonyama Trust following the recent media reports about the suspension of the Board Members of Ingonyama Trust Board. Nyhontso had written to the king directly requesting an urgent meeting. However, the king is in cultural seclusion Umkhosi wokweshwama until tomorrow (Wednesday).
Nyhontso said that the king was not above the law and reiterated that his decision to dissolve the board and the appointment of forensic investigators was illegal. There was confusion over which legal structure - the king’s legal team or the board - runs the Trust. The king continues to issue instructions to the Trust staff via his lawyers.
Last year, the king sacked the entire board apart from Dr Thandiwe Dlamini and gave powers of attorney to Van Rensburg Kruger Rakwena Attorneys to run the Trust in the absence of the board.
Last week, the king’s lawyer Stephen Rakwena accompanied by the remaining board member, Dlamini went to the offices to seize the Trust’s documents including tender and staff employment contracts but could not access as senior officials were not at the office. Dlamini and Rakwena instructed the security company to bar the suspended board members and officials from entering the premises.
The committee stated that the board no longer enjoys the confidence of the king.
Committee member and Democratic Alliance MP Mlindi Nhanha said the committee must keep up with the speed of developments in the board matter or “we would be caught napping.”
Nhanha requested that committee chairperson Mangaqa Albert Mncwango write to the king to hold back any further correspondence until they intend to meet him at the end of January.
“There seems to be developments on a daily basis. By the time we get to our oversight in KwaZulu-Natal it is highly probable that things would develop to a stage where we cannot contain them or we cannot even propose solutions to the problem facing the trust board,”
Economic Freedom Fighters (EFF) MP Nthako Sam Matiase said the situation has reached crisis point and needs sober minds going forward.
“There seems to be no willingness from the king to hold back and he firmly believes that he has powers to dissolve the board. We may not want to bring the monarchy into disrepute by engaging through the media and his office. That situation of public contradiction or contradicting the king must be avoided by all means. We are not being given reasons why the king lost trust in the board. In the previous meeting they presented a plethora of challenges,” Matiase said.
Matiase suggested that Mncwango who understands the culture and tradition and protocols write to the king or alternatively Nyhontso should ask President Cyril Ramaphosa to intervene until such time the committee gets to the bottom of the matters.
“Either they resign themselves or the minister dissolves them, which are the two feasible options. And they must be asked to hold back from seeking mediation,” he said.
Nyhontso said they have reached a stage of crises where accusations and counter accusations are concerning.
“From day 1, I realised that this board cannot work with the king. I knew the board was ready to challenge me if I tried to dissolve them. We had to follow all the processes and consulted with the role players. We are at a stage where we are about to dissolve this board because they cannot work with the king. We do not want to be involved in a media public spat with the king. At the same time, nobody is above the law. We must respect the law. Once the king comes out of seclusion we are ready to meet with him,” he said.
Nyhontso suggested that a three to five month investigation into the allegations be conducted by culturalists in KZN and people who understand the Ingonyama law. Nyhontso suggested that the investigation will help make an informed decision.
“The law said we must have sufficient reasons to dissolve the board. Otherwise if I take the board on tomorrow we will go to court. Then we will be in court for the next three years spending taxpayer money,” Nyhontso said.
Nyhontso said,“ We want a working board, a board that works for KZN. A board that respects the king as the sole trustee.”
African National Congress (ANC) MP Sylvia Lucas said the committee should approach the matter with an open mind.
“We would have the information at our disposal but we must still continue with our own process in order to be as objective as possible as an oversight body. We need to have legal opinion on the fact that if the king can prove that the relationship has broken down irretrievably . What then do we do in this instance?” Lucas said.
Mncwango said: “The elephant in the room are these lawyers. They have a concerning influence on the going on with the crises. They are not being helpful at all.”
