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Here are five points they have already put forward in their consolidated heads of argument, which were supplemented after the queen and her daughters filed supplementary affidavits to bolster their case.<\/p>\n
1.<\/strong> Queen’s marriage has no bearing on succession issue<\/p>\nThe King\u2019s lawyers say there is no discernible correlation between the marriage issue and the challenging of the will, on the one hand, and the succession to the throne.<\/p>\n<\/div>\n
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They say the interdict (to stall everything, including the coronation until the matter has been) sought in the Queen\u2019s application will protect nothing.<\/p>\n
“This is to say that the right (prima facie or clear right) which the applicant Queen asserts is not one that is worthy of protection by an interdict. The succession matter is separate matter. The question of the succession to the throne is to be determined with reference to self-standing rules, separate and distinct from those pertaining to the validity of the Queen\u2019s marriages or the late King\u2019s will.<\/p>\n
“The succession issue involves and is dependent upon a \u201cconfluences of a number of factors\u201d. It is a matter determined by customary law. Accordingly, the decision of this court on the marriage issue or the impeachment of the late King\u2019s will \u2013 now or in the future proceedings \u2013 has no bearing whatsoever on the succession dispute.”<\/p>\n<\/div>\n
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2.<\/strong> Queen\u2019s marriage to late King is moot<\/p>\nFor the other part, the marriage issue is moot; and the court should, in exercise of its discretion, decline to entertain it. The applicant Queen has gone nowhere to meeting the double-barrel hurdle of convincing the Court to hear a case which is both moot and in respect of which discretionary declaratory relief is sought.<\/p>\n
“The applicant Queen faces no prejudice and no reasonable apprehension of harm to her proprietary interests should the declaratory relief not be granted. This is to say, she has satisfactory alternative remedies available to her \u2013 to lay a claim with the executor. In any event, the marriage issue is riddled with disputes of facts, with the result that it falls to be referred to trial or oral evidence,” the King says in his papers.<\/p>\n<\/div>\n
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3.<\/strong> The issue of the validity of the late King\u2019s will is a red herring.<\/p>\nAccording to the de facto King and his lawyers, the issue of the late King\u2019s will is a none-issue.<\/p>\n
\u201cThe issue of the late King\u2019s will is similarly moot. It has been subsumed by the late King\u2019s previous will of 2014 (which is not impeached). In any event, on the issue of the impeachment of the 2016 will, there are also material disputes of facts,\u201d reads the consolidated heads of arguments.<\/p>\n<\/div>\n
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4<\/strong>. Misuzulu is king as identified by royal family<\/p>\nAs the man who led the process to have Misuzulu named as the next king, Buthelezi says the family has already spoken.<\/p>\n
\u201cOn the Zulu customary law of succession, the evidence adduced by the opposing respondents is incontrovertible: the Royal Family has already spoken and identified King Misuzulu as the successor to the throne.There is no dispute, alleged or established, which points in any other direction. The belated attempts by the applicants \u2013 in their last-minute application to lead further evidence \u2013 to assert a veneer of a dispute \u201camongst members of the Royal family as to the identity of the successor to the throne\u201d\u2013 are unavailing.<\/p>\n<\/div>\n
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“The inevitable consequence is that there is no dispute for the Premier or the President to investigate or to be referred back to the Zulu Royal Family for reconsideration and resolution, in terms of section 8(4) of the Khoi-San Act.15 This is to say, the interdict does not get off the starting blocks.\u201d<\/p>\n
5.<\/strong> Prince Simakade is no contender for throne<\/p>\nWith Prince Mbonisi having joined the party, in the court papers Buthelezi, while recounting the chronology of events that led to the naming of King Misuzulu.<\/p>\n<\/div>\n
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He says the first-born son of the late King Goodwill Zwelithini declined the nomination in May last year. As such, Prince Mbonisi cannot claim there is a dispute over who should be the next king when there is no there candidate.<\/p>\n
“Prince Simakade declined eligibility for succession … and on 14 May 2021, the Royal Family decision was taken.”<\/p>\n
<\/strong><\/p>\n<\/div>\n","protected":false},"excerpt":{"rendered":"Durban – The eagerly awaited court case involving members of the Zulu royal family will get underway on Tuesday morning at the Pietermaritzburg High Court. The case was supposed to be heard in December last year, but it was pushed back when KwaZulu-Natal deputy judge president, Isaac Madondo, fell sick. The case is now in […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[55],"tags":[],"class_list":["post-915194","post","type-post","status-publish","format-standard","category-headlines"],"_links":{"self":[{"href":"https:\/\/www.ghanamma.com\/2022\/wp-json\/wp\/v2\/posts\/915194","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.ghanamma.com\/2022\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.ghanamma.com\/2022\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.ghanamma.com\/2022\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.ghanamma.com\/2022\/wp-json\/wp\/v2\/comments?post=915194"}],"version-history":[{"count":0,"href":"https:\/\/www.ghanamma.com\/2022\/wp-json\/wp\/v2\/posts\/915194\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.ghanamma.com\/2022\/wp-json\/wp\/v2\/media?parent=915194"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.ghanamma.com\/2022\/wp-json\/wp\/v2\/categories?post=915194"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.ghanamma.com\/2022\/wp-json\/wp\/v2\/tags?post=915194"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}
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