Lungani Zungu
The Zulu Royal Household is facing another crisis.
In a landmark ruling, the Pietermaritzburg High Court told the Ingonyama Trust Board to pay back millions it had unlawfully collected from residents since 2012.
The trust, formed in 1994, controlled 2,8 million hectares, with the late AmaZulu King Goodwill Zwelithini kaBhekuzulu being its sole trustee.
The court also instructed the Land Reform Minister Thoko Didiza, the department the Ingonyama Trust fell under, to remedy the situation, which has seen thousands of people paying leases to the trust.
In the judgement, the court said:
- Both the Ingonyama Trust and the Ingonyama Trust Board acted unlawfully and in violation of the Constitution by concluding residential lease agreements with persons living on the land held in trust.
- All the residential lease agreements concluded by the trust and the board, in respect of residential land or arable land or commonage on Trust-held land, are declared to be unlawful and invalid.
- The trust must refund all monies paid to the trust or the board under the lease agreements.
- Minister Thoko Didiza breached her duty to respect, protect, promote and fulfil the constitutional right to people living in trust-held land.
- The Trust, the Board and Didiza opposing this application are directed to pay the costs of this application.
This damning ruling comes as the Royal Household is squabbling over who should lead the AmaZulu nation.
The ruling hands the Royal House another headache.
The Legal Resources Centre had made this application in 2018 on behalf of the Council for the Advancement of the South African Constitution, the Rural Women’s Movement and seven individual holders of informal land rights against the Ingonyama Trust, its board and the Minister of Rural Development.
The centre welcomed the ruling.
The chairperson of the Ingonyama Trust board judge Jerome Ngwenya could be reached for comment.
Image source: @Kgomo389
