A constitutional crisis looms as the Ingonyama Trust threatens legal action against King Misuzulu following his attempt to dissolve the board, defying the Land Reform Minister's authority. The confrontation highlights growing tensions over the Trust's governance and control. King Misuzulu kaZwlithini Picture: Archive
THE INGONYAMA Trust has threatened to take its chairperson, King Misuzulu kaZwelithini to court after the King defied the Land Reform Minister's directive that the board must continue with its operations.
This after the Misuzulu’s Mpumalanga-based lawyer allegedly went to the Trust in Pietermaritzburg on Friday and allegedly ordered security guards to bar the suspended board members and officials from entering the offices.
A reliable source within the Trust told IOL that the lawyer accompanied by a certain Trust board member arrived the offices and directed security guards to prevent board members and officials from entering . All the Trust staff are expected to show up at work on Monday to resume duties after the holidays.
A senior official who spoke on condition of anonymity on Sunday said if the king continues with his unlawful instructions the Trust will have no choice but to go to court to interdict the king and his legal team. The official said the action was in clear defiance of the government's directive by the king that the Trust was still in operation.
"If the king continues as if the Trust has been dissolved we will have no option but to take the matter to court. The Land Reform Minister Mzwanele Nyhontso clearly spelt out to the king that it was he (Nyhontso ) and not the King who has powers to dissolve or suspend the board, so his action was unlawful," said the official.
There is uncertainty over what will take place on Monday - The king's legal team led by Stephen Rakwena of Van Rensburg Kruger Rakwena Attorneys is expected to be in Pietermaritzburg while the board, armed with the government's guarantee, says it will be business as usual on Monday.
The Trust’s spokesperson Simphiwe Mxhakaza said all staff will be back at the office on Monday.
Two weeks ago, Misuzulu announced the sacking of the entire board including the chief executive officer and chief financial officer, taking over all the powers as the board’s chairperson.
The king also gave power of attorney to Van Rensburg Kruger Rakwena Attorneys to manage the affairs of the Trust in the absence of the board. He had accused the board of financial mismanagement and had appointed a law firm to institute a forensic investigation spanning the past five years. However, in a countering statement, the Nyhontso reminded Misuzulu that he did not own the Trust.
Nyhontso said only he had powers to remove the board, thereby nullifying the king’s decision to sack the board.
The Minister said section 2A(3)(b) and (c) of the (Ingonyama Trust) Act empowers him, the minister to appoint eight of the board members, to designate a vice-chairperson of the board since the king, as sole trustee, is also the chairperson of the Trust, and lastly to make regulations.
“From the above provisions of both the PFMA (Public Finance Management Act) and the Ingonyama Trust Act, it is evident that only the minister appoints the board in terms of the act and the PFMA further empowers the minister to appoint or remove, and by extension suspend the members of the board as the entity’s executive authority. It therefore follows that the king acted ultra vires by suspending the members of the board, this power is solely placed on the minister," said Nyhontso.
He further clarified the issue of ownership of the Trust, again reminding the king that as the executive authority, he (the minister) exercises control over the Trust as prescribed by Section 1 of the PFMA.
The minister also reminded the king that it was the board, not him who will appoint the forensic investigators thereby also declaring the appointment unlawful.
Misuzulu's legal team and his spokesperson Prince Simphiwe Zulu did not respond to a request for comment.
willem.phungula@inl.co.za