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KABHUDLA CHIEF’S INSTALLATION CHALLENGED IN COURT

14/10/2022 07:08:00 Mbongiseni Ndzimandze

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MBABANE - Hardly a day after the King blessed the installation of about 50 chiefs from different chiefdoms around the country; the candidacy of one of them is now being challenged in court.

A certain faction, which is against the installation of Sibusiso Magagula as the chief of KaBhudla, has filed an urgent application at the High Court. They contend that Malindane Magagula is the rightful heir. Applicants in the matter are Phelelani Zachariah Magagula, Bekwaphi Mtsetfwa, Lomajele Magagula, Busisiwe Magagula and Malindane.

Selected

The Chairman of the Ludzidzini Council, Chief Mdlaka Gamedze, is the first respondent in the matter, while Indvuna Themba Ginindza is the second respondent. Other respondents are Zizwe Mamba, Tentile Mamba, Gema Magagula, Vangeli Magagula, Annah Magagula and Sibusiso Magagula. The applicants alleged that Malindane was selected by lusendvo (family council) as the successor of his late father, Chief Magutjwa. The applicants, who are against the installation of Sibusiso, further claimed that a beast was slaughtered at the cattle byre and the bile (inyongo) was removed and inserted on Malindane’s hand by John Valimpompi Magagula, who is now late.

According to the applicants, Malindane was given the name ‘Chief Thutha’, which is his great-grandfather’s name.
It is alleged by the warring faction, that Malindane was endorsed as the next chief designate of KaBhudla by the late Chief of Dvokolwako, Malamlela Magagula. Phelelani, who deposed to an affidavit, informed the court that he was the brother to the late Chief Magutjwa and a senior prince of KaBhudla. He narrated to the court that since 2012, the matter had been dragging and pending before libandla, being the Ludzidzini Council.

According to the deponent (Phelelani), the change in membership of the council also affected the progress of the matter. “In addition, most of Chief Magutjwa’s siblings, who had selected Malindane, as the next successor of his father, have died ‘along the way’ save for the second applicant (Bekwaphi) and third applicant (Lomajele).

Engagements

He submitted that in the year 2019, following lengthy engagements with the Ludzidzini Council regarding the selection of Malindane as the next candidate chief, the council (Ludzidzini Council) advised him, in the presence of Chief Jubiphathi, that as libandla, they had approved Sibusiso as the next candidate chief of KaBhudla.

“The Ludzidzini Council alleged that this was ‘an order’ from Their Majesties-to our utter dismay. Some of the respondents, as well as their delegation we present. We were ordered by the council to present Sibusiso the following week, on October 9, 2019 before them,” submitted the deponent. He brought it to the attention of the court that, dissatisfied with the council’s decision, they then resolved to go to Her Majesty, the Queen Mother, at Ludzidzini Royal Residence to thank her (siyobonga lenkhulumo yelibandla).

He told the court that after receiving a warm welcome from the Queen Mother, they (applicants) expressed their frustration on the fact that they could not reach common ground with the Ludzidzini Council regarding the selection of Malindane as the candidate chief of KaBhudla. Phelelani further submitted that during the meeting, they also highlighted to Her Majesty that the Ludzidzini Council had alleged that Their Majesties had issued an ‘order’ that Sibusiso be selected as the candidate chief of KaBhudla, instead of Malindane.

Shock

“Her Majesty expressed utter shock about the Ludzidzini Council’s allegations and also vehemently denied that Their Majesties issued an order. Her Majesty emphatically stated that, under Swazi Law and Custom, Their Majesties were not involved in the selection of candidate chiefs at family level,” he argued. Phelelani, who holds himself as the senior prince of the area, further averred that during the meeting with the Queen Mother, she also ardently decreed that the selection of a chief, under Swazi Law and Custom, was the exclusive prerogative of the family council (lusendvo) and not the libandla (council).

According to the applicants, the Queen Mother further decreed that it was within the province of the family council (bobabe nabo anti) to select whosoever they deemed fit, in accordance with Swazi Law and Custom, to assume the role of a late chief and not the libandla. “As a result, Her Majesty the Indlovukazi commanded Indvuna Themba Ginindza to accompany us, the following day on October 9, 2019, to the council and admonish to them that Their Majesties had not issued an ‘order’ to the council regarding Sibusiso,” contended the applicant.

Reasons

Phelelani recounted that on October 9, 2019, as commanded by Her Majesty, they went to Nkhanini to appear before the council. He alleged that, unfortunately, for reasons known to him, Indvuna Ginindza did not avail himself to accompany them to the Ludzidzini Council. He informed the court that they last saw Indvuna Ginindza during their meeting with Her Majesty the Queen Mother and to date they had not heard from him. He recounted that on October 27, 2019, a multitude of men, claiming to be from Dvokolwako and Madlangampisi respectively, led by Zizwe Mamba, invaded the Endabeni Umphakatsi.

According to the applicant, among them was Mohamed Magagula (now deceased), who was Acting Chief of Dvokolwako. Chief Jubiphathi of Nyakatfo was also reportedly present. He told the court that Mohamed and the other respondents alleged that they were there to enforce ‘a superior order’, as alleged by the Ludzidzini Council. He said the ‘order’, they were allegedly made to believe, was to the effect that they had to install Sibusiso and present him to the council the following day, on Monday of October 28, 2019.

“In the month of November 2020, I lodged a complaint with Eswatini National Council (SNC) against the unlawful decision of the Ludzidzini Council to ‘order’ the multitude of men from Dvokolwako and Madlangampisi, including some of the respondents, to invade our umphakatsi for installing Sibusiso based on a ‘superior order’ .The SNC, after having heard our submissions, remitted the matter back to the Ludzidzini Council for correction,” Phelelani argued.

It was further the deponent’s submission that on November 12, 2020, they appeared before the Ludzidzini Council and the deliberations on the matter continued until they were suspended due to annual royal duties. “I state that the Ludzizini Council has made it impossible for us to get a relief from the traditional structures, since they recklessly and deliberately frustrated all our efforts to have this matter amicably resolved within the traditional realms,” alleged Phelelani.

He also alleged that the Ludzidzini Council and Indvuna Ginindza had negligently disrespected and/or turned a blind eye to Her Majesty’s command on October 9, 2019 restraining the council from ‘imposing’ Sibusiso and poking its nose into the selection of KaBhudla candidate chief, The matter is still pending in court and appearing for the applicants is Xolani Mthethwa of PM Dlamini Attorneys in Mbabane.