End of eight-year Ndebele Kingship legal battle as Prince Zwide Khumalo withdraws High Court Case

THE long-running legal battle over the Ndebele kingship came to an end yesterday after Prince Peter Zwide Kalanga Khumalo withdrew his High Court application challenging the coronation of Bulelani Collen Lobengula Khumalo, paving the way for the matter to be resolved through traditional family structures.

The withdrawal was made before Bulawayo High Court Judge Justice Evangelista Kabasa under case number HC657/18. Justice Kabasa ordered the plaintiff, Zwide Khumalo, to bear the costs of the suit.

The dispute dates back to 2018 when Zwide Khumalo filed an urgent application against Chief Mathema, in his capacity as chairperson of the Crown Council, the Royal Crown Trust, and Bulelani Lobengula Khumalo, seeking to stop the latter’s installation as Ndebele king.

Zwide Khumalo argued that he, and not Bulelani, was the rightful heir to the throne, claiming descent through the Nyamande royal house. He sought a declaratory order recognising him as the lawful successor to the Ndebele monarchy.

However, following a brief hearing on Monday, the matter was removed from the court roll after members of the Khumalo clan resolved that the succession issue should be settled within family and traditional structures rather than through litigation.

Zwide Khumalo was represented by Mr Matshobana Ncube of Ncube Attorneys, who confirmed that the withdrawal followed a binding family decision. “In this matter, there has been a resolution that the matter be withdrawn and that is a clan decision.

So the plaintiff is obliged to comply with the clan decision and the clan will sit and decide what they want to decide,” said Mr Ncube.

Bulelani Lobengula Khumalo’s lawyer, Mr Kholwani Ngwenya of TJ Mabhikwa and Partners, welcomed the development, saying it allows the succession issue to be addressed through customary processes.

“It’s a positive development in view of the fact that this should ordinarily be a cultural and traditional process that should be resolved in that manner. It allows the parties to have that resolution at a family level as opposed to it being determined by a third party,” he said.

Speaking after the court proceedings, Zwide Khumalo said the decision was made to preserve family unity and safeguard the institution of the monarchy for future generations.

“I am a direct descendant of Nyamande, who was the son of King Lobengula, who actually succeeded King Lobengula on 25 June 1896. I’m therefore a descendant of Nyamande,” he said.

Zwide Khumalo said members of the House of Lobengula had chosen to prioritise the integrity of the institution over prolonged legal contestation.

“It has been important for us as a clan in the Khumalo family and particularly King Lobengula’s family, to withdraw the case in respect of the sovereign framework of the monarchical institution. Secondly, in recognition of intergenerational equity and those are the two main reasons,” he said.

Zwide Khumalo added that the decision was intended to ensure future generations inherit a united institution rather than one fractured by prolonged court battles.

Zwide Khumalo said members of the House of Lobengula believed they had a responsibility to demonstrate exemplary leadership by placing the interests of the monarchy above personal claims.

“We have traditional leaders that are involved in the case. We have traditional leaders that have a role where the monarch institution is concerned. So that sovereign framework has to take all those issues into account,” he said.

Court documents show that the dispute centred on differing interpretations of Ndebele royal succession customs.

Zwide Khumalo maintained that he had been lawfully identified by the Nyamande Royal House and unveiled as King Nyamande Lobengula II on February 17, 2018, following a customary identification process conducted within King Lobengula’s family.

He argued that the process leading to Bulelani Lobengula Khumalo’s identification had taken place outside the royal family and therefore did not conform to Ndebele customs.

Zwide Khumalo also challenged Bulelani’s eligibility on cultural grounds, arguing that, under Ndebele custom, a person born to both a Khumalo father and a Khumalo mother could not ascend to the throne.

The respondents rejected those claims, maintaining that Nyamande was never king of the Ndebele people and could not establish a legitimate royal line.

They further argued that, according to Ndebele custom, “a king begets a king,” and that Nyamande had been born before Lobengula ascended the throne. When Bulelani Lobengula Khumalo was due to be crowned in March 2018, the Bulawayo High Court temporarily halted the ceremony after Zwide Khumalo obtained an interdict.

The then Minister of Local Government and Public Works, July Moyo, also joined the matter, arguing that Zimbabwe’s Constitution does not recognise a monarchy and that no law provides for the establishment of a king.

However, in September 2018, traditional leaders in Matabeleland and members of the Khumalo family proceeded to crown Bulelani as King of the Ndebele nation during a private ceremony following seven days of traditional rites.

Throughout the proceedings, the respondents maintained that Bulelani’s identification complied fully with Ndebele customs and consistently sought dismissal of the case with costs.