The Ingonyama Trust Board is pushing back against the decision by the Minister of Land Affairs and Rural Development, Mzwanele Nyhontso, to disband it, saying the move is illegal.
The board says Nyhontso relied on the wrong legal framework for his drastic move.
In a statement issued on Wednesday shortly after the Minister made the announcement, the board said the course of action is unlawful, ultra vires, and inconsistent with the KwaZulu-Natal Ingonyama Trust Act, the Administrative Regulations made under that Act, and the Public Finance Management Act (PFMA).
“Regulation 15 is equally clear. It provides that five members form a quorum for a meeting of the accounting authority, but where a quorum is not present at the first meeting, a further meeting must be convened, and on that later date the members present form a quorum for that meeting, subject to notification to the Minister and the Premier. The regulations thus create an express continuity mechanism and do not support the conclusion that the Board becomes legally inoperative merely because the first meeting is not quorate,” the board said.
It also said Nyhontso got it wrong on the decision to appoint an administrator to oversee the day-to-day affairs of the trust.
“The Board also notes that the Minister has sought to rely on section 49(3) of the PFMA for the designation of an Administrator. That section provides that, in exceptional circumstances, the relevant treasury may approve or instruct that another functionary of a public entity must be the accounting authority for that public entity. On its face, section 49(3) does not authorise the Minister, acting alone, to designate an Administrator for day-to-day operational administration. Nor does it authorise the bypassing of the vacancy and quorum mechanisms expressly created by the Ingonyama Trust Act and its Regulations,” the board added.
Nyhontso said he took the decision after consulting with the Premier of KwaZulu-Natal, Thamsanqa and King Misuzulu, the sole trustee of the trust.
Both Ntuli and the King confirmed that and said they concurred with Nyontso and the reasons advanced, which include that the board had totally collapsed after some board members resigned, and only four were left and did not form a quorum.
Meanwhile, King Misuzulu is pressing ahead with his push to have the legislation that governs the Ingonyama Trust amended and give him total control of it and has formed a team to lobby political parties to support the proposed amendment.
In a statement shortly after the board was dissolved, the Zulu King said his position as a sole trustee is neither ceremonial nor symbolic, but carries with it defined legal responsibilities to ensure that the trust is administered for the benefit, material welfare, and social well-being of the communities residing on the land.
“Accordingly, governance arrangements must reflect this reality, while remaining compliant with the Constitution of the Republic of South Africa and applicable legislation.”
The PMEC delegation will participate in Parliamentary proceedings scheduled for 23 and 24 April 2026, to engage on matters relating to the Ingonyama Trust.
The delegation comprises Reverend Thulasizwe Buthelezi – Prime Minister to the Zulu Nation and Chairperson of the PMEC, Inkosi Phathisizwe Chiliza – Deputy Prime Minister, Prince Sylope Nathi Zulu, the Representative of the King in the KwaZulu Provincial House of Traditional Leaders, Inkosi Malusi Zondi, the Zulu Royal Chancellor, His Royal Highness Prince Africa Zulu, the Vice Zulu Royal Chancellor, Squire Arnold Nododile kaNdamase, the Head of the King’s Private Office and Secretary of the PMEC, and Prince Thulani Zulu, Spokesperson Of The Zulu Royal Family.
