Opinion / Columnist
The issue of Ndebele king being UnConstitutional is nonsense
07 Mar 2018 at 18:40hrs | Views
1. King Zwide Nyamande approached the court and Justice Makonese in the morning and had a provisional order (prohibitory interdict) granted in his favour in the morning. His qualms interalia are that proper Ndebele Customs and Cultural issues were not followed in Choosing Crown Prince Bulelani as the incoming King of the Ndebele.
Satisfied that there is a prima facie case (on the face of it) the Honourable Judge granted the order. So Zwide not only had locus standi (legal standing) before the court but had a case for an interdict.
2. In the afternoon before the same judge the Crown Council led by Mathema were seeking an order against July Moyo and others ARGUING a Violation of Constitutional Rights and seeking leave to have the Coronation go ahead.
3. The Judge correctly indicated that the issue of the King is NOT in the constitution so he can't grant an order without an empowering provision to give a green light to the 3 March coronation.
He commented orbiter (in passing) before dismissal of the application that for the Applicants to assert constitutional rights vis a vis (concerning) a King there may be a need for constitutional amendments by Parliament.
The judge does not make law and was cornered ....clearly and the escape route was to say its not in the constitution so l can't grant the order!
Crown Council should have repied July Moyo to go hang about his legal opinion on illegality and unconstitutionality.
4. So the Judge did not and could not possibly say the issue of a King of the Ndebele is UnConstitutional.
Saying its UnConstitutional means the constitution prohibits it and it's therefore illegal.
At law there is nothing illegal about anyone or any community unveiling, endorsing or coronating a King.
That said, if something is not in the constitution it does not follow its illegal let alone UnConstitutional.
5. ln casu (this case) let the legal propaganda stop:
The issue of the Ndebele or any other King being UnConstitutional is nonsense. It's not in the constitution. Note the difference.
6. About illegality l don't want to waste my time. There is no law against Kings so illegality does not arise.
7. For a doubting legal Thomas note that the moment the court entertained King Zwide Nyamande as a claimant, litigant and granted him an order on procedures on the choice of a king, clearly the issue of legality or illegality falls away.
Satisfied that there is a prima facie case (on the face of it) the Honourable Judge granted the order. So Zwide not only had locus standi (legal standing) before the court but had a case for an interdict.
2. In the afternoon before the same judge the Crown Council led by Mathema were seeking an order against July Moyo and others ARGUING a Violation of Constitutional Rights and seeking leave to have the Coronation go ahead.
3. The Judge correctly indicated that the issue of the King is NOT in the constitution so he can't grant an order without an empowering provision to give a green light to the 3 March coronation.
He commented orbiter (in passing) before dismissal of the application that for the Applicants to assert constitutional rights vis a vis (concerning) a King there may be a need for constitutional amendments by Parliament.
The judge does not make law and was cornered ....clearly and the escape route was to say its not in the constitution so l can't grant the order!
Crown Council should have repied July Moyo to go hang about his legal opinion on illegality and unconstitutionality.
4. So the Judge did not and could not possibly say the issue of a King of the Ndebele is UnConstitutional.
At law there is nothing illegal about anyone or any community unveiling, endorsing or coronating a King.
That said, if something is not in the constitution it does not follow its illegal let alone UnConstitutional.
5. ln casu (this case) let the legal propaganda stop:
The issue of the Ndebele or any other King being UnConstitutional is nonsense. It's not in the constitution. Note the difference.
6. About illegality l don't want to waste my time. There is no law against Kings so illegality does not arise.
7. For a doubting legal Thomas note that the moment the court entertained King Zwide Nyamande as a claimant, litigant and granted him an order on procedures on the choice of a king, clearly the issue of legality or illegality falls away.
Source - Mazibisa Shepherd Sindiso
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