Cultural expert urges clearer framework for traditional leadership after Zulu throne ruling

While the Supreme Court of Appeal has put an end to the legal battle over who leads the Zulu nation, cultural expert Professor Musa Xulu says the ruling also exposes deeper issues within the way traditional leadership is governed, largely through oral traditions that leave room for dispute and interpretation.

On Monday, the Supreme Court of Appeal in Bloemfontein ruled that President Cyril Ramaphosa acted lawfully in recognising Misuzulu kaZwelithini as the Zulu King in 2022.

At that time, members of the Zulu royal family who opposed Misuzulu’s ascension to the throne approached the court to oppose the recognition.

This week's judgment overrules the one made by the Pretoria High Court in December 2023 which found in favour of Princes Mbonisi and Simakade Zulu.

The SCA accepted that all processes had been followed and confirmed that it is the royal family and not the president who chooses the king. 

Cultural expert Professor Musa Xulu explains that the Traditional and Khoi-San Leadership Act, No. 3 of 2019, was introduced to address the way in which leaders are appointed.

"Basically, it should be based on your traditions", he says. "It is very much based on oral and customary perceptions...the Act does not prescribe how it must be."

On the issue of establishing a more formal, codified system, Xulu adds, "I once mentioned to the president in passing that he should consider forming a committee that would be able to help write down codification for all these customary practices."

He notes that one of the reasons there are frequent disputes around traditional leadership issues is due to the complexities of the oral tradition.

And what of a possible challenge to the Supreme Court ruling and the likelihood of an appeal being launched with the Constitutional Court?

Xulu says it's possible, but unlikely.

"That judgment is very tight, but you never know."

To listen to Professor Musa Xulu in conversation with 702's Bongani Bingwa, click audio below.