PoliticsPREMIUM

Judge deems land minister’s decision to dissolve Ingonyama Trust board ‘unlawful’

The struggle over land and power and in KwaZulu‑Natal continues

A judge has ruled land reform and rural development minister’s Mzwanele Nyhontso’s decision to dissolve the Ingonyama Trust Board, was unlawful and outside his powers. (Matthew Hirsch)

The wrangling over the Ingonyama Trust Board (ITB) is far from over.

On Wednesday, Pietermaritzburg high court judge Piet Koen overturned land reform and rural development minister’s Mzwanele Nyhontso’s decision to dissolve the board, ruling he had acted unlawfully and outside his powers.

The judgment keeps the ITB in office, but the ruling has only sharpened tensions around the trust, which administers nearly 2.8m ha of land — almost a third of KwaZulu‑Natal’s territory.

The conflict has been building for months.

Late last year, King Misuzulu kaZwelithini, the sole trustee of the Ingonyama Trust, unilaterally announced the dissolution of the board.

Nyhontso immediately opposed the move, making it clear that the king did not have the authority to dissolve the ITB.

Earlier this year, Misuzulu appointed Thulasizwe Buthelezi as his prime minister. Buthelezi quickly used his new position to announce that the king would not attend a critical ITB event meant to cement ties with amakhosi — a snub widely read as a sign of the monarch’s dissatisfaction with the board.

Then, on March 19, Nyhontso himself dissolved the ITB, citing governance failures, member resignations and a breakdown in accountability.

In its response to the ruling, the ITB said: “The effect of the ruling is that the board remains lawfully in office and will continue to discharge its responsibilities in terms of the Ingonyama Trust Act and other applicable laws.”

Nyhontso’s spokesperson Linda Page said: “The minister has noted the judgment and respects the court’s decision. The minister and his team will study the judgment and decide on the way forward.”

Critics have long accused the ITB of maladministration, lack of transparency and failing to deliver socio‑economic benefits to the millions of rural residents who live on trust land.

Despite receiving millions of rand derived from mining rights, cellphone masts and other levies, the millions of people living on land under the Ingonyama Trust have not benefited.

The ITB is currently in litigation with some of its former executives accused of misappropriating funds.

The king has also clashed with the board over finances and authority, while the minister has tried to assert national oversight.

Cultural expert and retired professor Musa Xulu believes the minister misread the law governing the ITB.

“The minister seems to be misreading the Ingonyama Trust (No. 3 KZ of 1994) Act. When vacancies occurred, the minister should have appointed replacements, without seeking to dissolve the board. The act is also clear that if a vacancy occurs this shall not prevent the board from carrying out its functions.

“The minister claims pressure to fire this current board, but in the principle of good governance he cannot willy‑nilly fire the board without any valid reasons like misgovernance.”

“In fact, such pressure, if any, is very misguided,” Xulu said.

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