The reports that President Jacob Zuma was unsuccessful in the High Court matter brought by His Majesty King Buyelekhaya Dalindyebo of AbaThembu are incorrect and misleading.
King Dalindyebo brought an urgent application in the Mthatha High Court, amongst others, to interdict the President from taking any further steps aimed at the withdrawal of the certificate recognising his kingship.
When the President responded to the court papers in the affidavit which was deposed to by the Director-General in the Presidency, Dr Cassius Lubisi, he informed the court of the following, amongst others:
"I wish to inform the Honourable Court that the First Respondent (President) has since acquainted himself with the issues raised by the Applicant (King Dalindyebo) in his founding affidavit. He (the President) has since decided in the interests of justice not consider the request by the AbaThembu Royal family to withdraw the Applicant's (King Dalindyebo) certificate pending the outcome of the relief sought by the Applicant (King Dalindyebo) in Part B of the Notice of Motion".
Dr Lubisi further submitted to the court that:
"In view of the fact that the First Respondent (the President) does not intend to withdraw the Applicant's certificate, I am advised by his (the President) legal representatives that there is, with respect, no need for this Honourable Court to grant the interdict....."
In the judgement delivered by the Acting Judge Laing, the court endorsed the undertaking by the President not to withdraw the certificate of recognition. The court stated the following on paragraph 17 of the judgement:
"Consequent to the First Respondent's (the President) decision not to consider the request to withdraw the certificate of recognition, the apprehension of harm on the part of the Applicant (King Dalindyebo) has fallen away.
" The court did not therefore make an order interdicting the President. The court agreed with the President's submission that he will not consider the request to withdraw the certificate of recognition until the whole matter has been finalized.
The court said the question of costs with regard to urgent application to interdict, will only be decided once the matter has been heard as a whole, until Part B has been adjudicated upon.
In Part B of the application which is still to be heard, the court is asked to decide as to which of the two groups is the legitimate AbaThembu Royal Family, and also to declare that some sections of the Traditional Leadership and Governance Framework Act are unconstitutional.
Enquiries: Mac Maharaj on 079 879 3203 or macmaharaj@icloud.com
