AfriForum demands answers from KZN premier after unlawful recognition of inkosi

AfriForum, on 24 June, demanded answers from Thami Ntuli, Premier of KwaZulu-Natal, after members of the Mthiyane royal family approached the organisation for support following the inauguration of B.P. Mthinyane in March as inkosi (senior traditional leader) of the Mthiyane-Sokhulu Traditional Community. The recognition of B.P. Mthinyane was granted despite the KwaZulu-Natal Commission on Traditional Leadership Disputes and Claims not yet having released its report on the investigation into the leadership dispute between B.P. Mthiyane and N.P. Mthiyane.

AfriForum requested Ntuli to provide the following information:

• Proof that the dispute was referred to the Provincial House of Traditional Leaders as determined by the applicable legislation.
• Reasons why B.P. Mthiyane was recognised and inaugurated as inkosi whilst the commission’s report and recommendations are still outstanding.
• Reasons why the specific timelines stipulated in the applicable legislation were not complied with.
• Indicate what steps Ntuli will take to ensure compliance with the principles of legality and just administrative action.
• Indicate what steps Ntuli will take to keep officials responsible for these actions accountable.

The decision to recognise an inkosi with the determination of the commission pending, casts serious doubt on the independence and integrity of the commission and the trustworthiness and legality of its report and recommendations, according to Barend Uys, Head of Intercultural Relations and Cooperation at AfriForum. “The fact that a person was recognised as inkosi before the outcome of the commission and its report was communicated to all parties, is indicative of a high likelihood of undue influence in the work of the commission – how else can the outcome of the commission be pre-empted in this way?” says Uys.

Uys expressed the opinion that the division, chaos and devastation caused within a cultural community by the unthoughtful recognition and inauguration of a traditional leader, that is also in contravention of the principles of just administrative action and legality, is well known by all those who understand grassroots realities.

“It is such actions that destroy trust in the rule of law and the institutions of constitutional governance. AfriForum is deeply concerned about what seems to be the undermining of cultural identity, customary leadership, customary law and customs as well as a total disregard for the rule of law in KwaZulu-Natal relating to the traditional communities of the province,” concludes Uys.