AbaThembu prince's bid to overturn acting king's appointment fails
King Buyelekhaya Dalindyebo’s younger brother‚ Prince Mankunku Mthandeni Dalindyebo‚ has failed in his court bid to have the appointment of Azenathi Zanelizwe Dalindyebo as acting king of the AbaThembu set aside.
On February 20 last year‚ Mankunku filed an application before the Grahamstown High Court challenging Eastern Cape Premier Phumulo Masualle’s decision to appoint Azenathi and asking for it to be set aside and nullified.
On Wednesday KwaZulu-Natal High Court Division Deputy Judge President Isaac Madondo‚ who heard the case on December 1‚ dismissed the application with costs.
“The application is dismissed with costs‚ such costs to include the costs consequent upon the appointment of two counsels. The [Tolo Commission] report regarding the identification of the rightful acting king of AbaThembu kingship is hereby reviewed‚ declared invalid and set aside with costs. Such costs are to include the costs of a senior counsel‚” wrote Madondo in his judgment.
The AmaDlomo royal family‚ which supports Azenathi‚ called a media conference at Bumbane Great Place on Wednesday.
“The dark cloud that was over the Dalindyebo house is now over. What is left is to unite with our brothers who took us to court. If they like‚ they can go as far as the Constitutional Court‚ but they will not win because there is no substance in their case‚” said Nkosi Dumisani Mgudlwa.
Mgudlwa said that Azenathi was now going to act for three years instead of the six months‚ according to the new laws.
But‚ the Ngangelizwe royal family‚ which is is supporting Mankunku‚ said the matter was still far from being over‚ saying they were appealing against the decision.
“We are unmoved by the questionable judgement and we are not backing down. We will appeal the judgment‚” said Ngangelizwe royal family chairman Nkosi Thanduxolo Mtirara.