The Cele clan under Inkosi Buyabetha Cele in Umzumbe in southern KwaZulu-Natal has fired back at the Ingonyama Trust over its decision to partition its chiefdom and hand over a portion to the Radebe led by Inkosi Bhekamadoda Radebe.
The clan has roped in the legal services of Sandile Dlomo Inc and told the trust that it is acting in bad faith and should it proceed with the planned partitioning, they will drag it to court to review its decision.
This is contained in a letter dated 18 March 2026, which was addressed to the trust and the Cele’ clan was responding to a letter dated 27 February 2026.
That was where the trust said it made the decision to take the prime coastal land and place it under the control of the Radebes to address the current land governance vacuum over the identified Ingonyama Trust land, prevent unlawful occupation and land invasions.
It also said the move is to ensure orderly land administration pending the formal jurisdictional regularisation and gazetting processes through the relevant government structures.
“Our client records its formal and unequivocal objection to the purported decision and the process followed, and contends that it was not properly consulted nor was it afforded the opportunity to make representations, and is therefore entirely unaware of any lawful process which could justify the decision.
“It is our clients’ assertion that the purported delegation constitutes a unilateral administrative action which is procedurally unfair and prima facie reviewable,” the Cele’s clan said through its legal team.
The lawyers, on behalf of the Cele clan, then demanded to know how the trust reached the decision to partition the land.
“Having said the above, we have been instructed to request from you, as we hereby do: 6.1 To furnish the full legal and factual basis for the decision;
6.2 That you provide the details of the process followed in reaching the said decision;
6.3 That you confirm in writing that no steps will be taken to implement the delegation pending proper consultation and a lawful determination of the issues.”
The trust was then given 7 days to respond to the letter.
Last week, the spokesperson of the trust, Simphiwe Mxakaza, said this does not constitute a transfer of ownership of land, nor does it take land from one clan or traditional authority and give it to another.
He argued that legal ownership of the land remains vested in the Ingonyama Trust, with the Board acting as the Accounting Authority in terms of section 2A(2) of the Act.
“The purpose of the interim delegation is to address the current land governance vacuum over the identified Ingonyama Trust land, prevent unlawful occupation and land invasions; and ensure orderly land administration pending the formal jurisdictional regularisation and gazetting processes through the relevant government structures.
“The Board has also formally communicated with affected traditional leadership structures to ensure transparency and provide an opportunity for any representations or concerns to be submitted,” he said.
