Zulu v Mathe and Others (2751/2021P 2752/2021P) [2022] ZAKZPHC 6 (2 February 2022)

Zulu v Mathe and Others (2751/2021P 2752/2021P) [2022] ZAKZPHC 6 (2 February 2022)

The court found that the applicant queen's claim for a declaratory order regarding her civil marriage and proprietary rights was moot, as her rights are protected by law and no live dispute exists. The application to declare subsequent customary marriages invalid was not properly pleaded and was dismissed for procedural non-compliance. The challenge to the authenticity of the late Isilo's will raised material disputes of fact requiring trial, and the court suspended execution of the will pending final determination of its validity. The succession to the Zulu throne was found to have been conducted in accordance with customary law and statutory requirements, with Prince Misuzulu properly...

Citation
[2022] ZAKZPHC 6
Parties
Applicant: Queen Sibongile Winnifred Zulu; Respondent: Queen Buhle Mathe; Respondent: Queen Shiyiwe Manthfombi Dlamini; Respondent: Queen Thandekile Jane Ndlovu; Respondent: Queen Nompumelelo Mchinza; Respondent: Queen Zola Zelusiwe Mafu; Respondent: Princess Thembi Ndlovu; Respondent: Prince Mbonisi Zulu; Respondent: Prince Thulani Zulu; Respondent: Princess Lindi Zulu; Respondent: Prince Vulindlela Zulu; Respondent: Prince Mxolisi Zulu; Respondent: Prince Mathuba Zulu; Respondent: Queen Mavis Zungu; Respondent: Other persons who may be members of uMndeni Wesilo; Respondent: Members of the Royal Family listed in Annexure 'A'; Respondent: Sipho Jerome Ngwenya; Respondent: The Premier of KwaZulu-Natal; Respondent: The President of the Republic of South Africa; Respondent: The Master of the High Court; Respondent: Sanlam Trust (Pty) Ltd; Applicant: Princess Ntandoyenkosi Zulu; Applicant: Princess Ntombizosuthu Zulu-Duma; Respondent: The Executor of the Estate Late: Her Majesty Queen MS Dlamini-Zulu; Respondent: Prince Misuzulu Kazwelithini Zulu; Respondent: Prince Mangosuthu Buthelezi; Respondent: The House of Traditional and Khoi-San Leaders of KwaZulu-Natal Province; Respondent: Leaders, National; Applicant: Prince Mbonisi Bhekithemba Zulu
Court
Kwazulu-Natal High Court, Pietermaritzburg
Jurisdiction
South Africa
Judgment Date
2 February 2022
Case Number
2751/2021P; 2752/2021P; 10879/2021P
Procedural Posture
Consolidated Application / Final Judgment
Outcome
Applications for declaratory and interdictory relief dismissed with costs, except for suspension of execution of the will pending trial.
Judges
Madondo AJP
Legal Topics
Declaratory Relief, Customary Law Succession, Will Authenticity, Marital Property Regime, Interdictory Relief, Traditional Leadership Dispute
Civil Procedure Family and Children Land and Property Declaratory Relief Customary Law Succession Will Authenticity Marital Property Regime Interdictory Relief +1 more

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Parties

Queen Sibongile Winnifred Zulu

Applicant

Queen Buhle Mathe

Respondent

Queen Shiyiwe Manthfombi Dlamini

Respondent

Queen Thandekile Jane Ndlovu

Respondent

Queen Nompumelelo Mchinza

Respondent

Queen Zola Zelusiwe Mafu

Respondent

Princess Thembi Ndlovu

Respondent

Prince Mbonisi Zulu

Respondent

Prince Thulani Zulu

Respondent

Princess Lindi Zulu

Respondent

Prince Vulindlela Zulu

Respondent

Prince Mxolisi Zulu

Respondent

Prince Mathuba Zulu

Respondent

Queen Mavis Zungu

Respondent

Other persons who may be members of uMndeni Wesilo

Respondent

Members of the Royal Family listed in Annexure 'A'

Respondent

Sipho Jerome Ngwenya

Respondent

The Premier of KwaZulu-Natal

Respondent

The President of the Republic of South Africa

Respondent

The Master of the High Court

Respondent

Sanlam Trust (Pty) Ltd

Respondent

Princess Ntandoyenkosi Zulu

Applicant

Princess Ntombizosuthu Zulu-Duma

Applicant

The Executor of the Estate Late: Her Majesty Queen MS Dlamini-Zulu

Respondent

Prince Misuzulu Kazwelithini Zulu

Respondent

Prince Mangosuthu Buthelezi

Respondent

The House of Traditional and Khoi-San Leaders of KwaZulu-Natal Province

Respondent

Leaders, National

Respondent

Prince Mbonisi Bhekithemba Zulu

Applicant

Procedural Posture

Consolidated Application / Final Judgment

Legal Issues

  1. 1 Whether the applicant queen is entitled to a declaratory order regarding her civil marriage and proprietary rights.
  2. 2 Whether the subsequent customary marriages of the late Isilo are invalid under civil law.
  3. 3 Whether the will of the late Isilo is authentic and valid.

Ratio Decidendi

The court found that the applicant queen's claim for a declaratory order regarding her civil marriage and proprietary rights was moot, as her rights are protected by law and no live dispute exists. The application to declare subsequent customary marriages invalid was not properly pleaded and was dismissed for procedural non-compliance. The challenge to the authenticity of the late Isilo's will raised material disputes of fact requiring trial, and the court suspended execution of the will pending final determination of its validity. The succession to the Zulu throne was found to have been conducted in accordance with customary law and statutory requirements, with Prince Misuzulu properly...

Court Disposition

Applications for declaratory and interdictory relief dismissed with costs, except for suspension of execution of the will pending trial.

Orders

  • In case number 2751/2021P: Application dismissed with costs, including costs of senior counsel.
  • In case number 2752/2021P: Execution of the last will and testament of King Goodwill Zwelithini Zulu suspended pending final determination of action; seventh respondent interdicted from performing functions under the will; applicants to institute action challenging authenticity and validity of the will within...