File picture: Pixabay
Badplaas – The fight for the Malaza royal family throne in Badplaas is now heading to the Mpumalanga High Court where one of the rival factions wants the current traditional leader sitting on the throne, Nhlanhla Malaza, to be dethroned.
The fight for the throne started in July last year following the passing away of the late Inkosi Kokayi Malaza.
According to Jabulani Malaza who speaks on behalf of the royal family members opposed to Inkosi Nhlanhla Malaza’s reign, a week after the late Inkosi Kokayi Malaza was buried, a few family members held a meeting, nominated and later installed the reigning traditional leader of the clan.
Jabulani claimed that the ruler was not the right one and several aspects disqualified him.
He claimed that a traditional leader is born, not nominated or voted for by family members as happened in this case.
He said the right person who was born and rightly qualified to sit on the throne was Mlamuli Malaza, a son of the late inkhosi.
He said that was because Malaza comes from a house of the great wife who came from the royal house of eSwatini, which is led by King Mswati III.
“Here is why we are saying this is not right.
“Inkhosi (chief) is not voted for or nominated, but a king is born for that role.
“In this case, only three senior family members met together with their children and nominated Nhlanhla Malaza to take over the throne.
“There was never a properly constituted family meeting to come up with the rightful heir.
“Moreover, Nhlanhla cannot take over the throne as he is just the grandson of the late inkhosi.
“He could only take over the throne if all the sons of the late inkhosi are deceased.
“Again, he was born out of wedlock, our traditional practices are very clear on that, he cannot take the throne,” Jabulani Malaza told IOL on Thursday.
With the Department of Co-operative Governance and Traditional Affairs in Mpumalanga unable to speedily resolve the matter, Jabulani said they were now heading to court.
The pending legal challenge comes after the Premier of Mpumalanga, Refilwe Mtsweni-Tsipane and Cooperative Governance and Traditional Affairs MEC Mandla Ndlovu, allegedly failed to resolve the matter when they were called to do so in June this year by the royal family members on the side of Mlamuli.
“We are now waiting for a court date after instructing our lawyers to take the matter to the high court.
“We have filed our affidavits and provided all the information required by our legal team,” he said.
Samson Malaza who leads the royal faction that nominated Inkhosi Nhlanhla Malaza (he is yet to be coronated) for the throne said they are not surprised by the legal action and they would deal with it once it is before them.
“I’m not aware (that they are going to court) and that’s nothing unusual on what they are doing (sic).
“And we will cross the bridge when we get there,” he said when IOL asked him for a comment on the matter.
Pretoria-based Mketsu Attorneys and Associates confirmed to IOL that they have been instructed to take the matter to court.
“Yes you have summarised the issue correctly except that our instructions are to bring a review application to challenge the decision that was announced by the MEC in the provincial legislature confirming the recognition of another person,” the law firm said in its confirmation.
On July 28 this year, George Mthethwa, the spokesperson of the premier, told IOL that the Department of Co-operative Governance and Traditional Affairs in the province was handling the matter.
“Cogta is mandated to attend to the Malaza matter, as is the case with all matters related to the institution of traditional leadership.
“It is immaterial whether a letter is sent to the premier’s office or not.
“The matter will be referred to Cogta anyway,” Mthethwa said then.
sihle.mavuso@inl.co.za
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