The upcoming wedding of AmaZulu King Misuzulu KaZwelithini is facing a significant legal hurdle, with one of his wives filing an urgent interdict to prevent the ceremony from proceeding.
The interdict application, lodged in the Pietermaritzburg High Court on Thursday, alleges that the King’s planned marriage to Queen Nomzamo Myeni constitutes bigamy, a criminal offence in South Africa.
The Queen’s court papers clearly state her position: “I humbly submit that the respondent (the king) cannot enter into a civil marriage and/or a customary marriage while our civil marriage still subsists. I confirm that a person married under a civil union cannot enter two marriages simultaneously. The law states that certain categories of people may not marry, including the following: people who are already married. Bigamy is a punishable offence in South Africa. Such marriages are also null and void under South African law.”
The King, in December, initiated divorce proceedings, citing the irretrievable breakdown of the marriage. The Queen has filed a notice of intention to defend the divorce action. However, the impending wedding, scheduled for a two-day umgcagco ceremony on 24 and 26 January, has forced her to seek urgent legal intervention.
Queen Ntokozo kaMayisela’s application seeks to prevent the King from proceeding with any further wedding arrangements. She explains that she attempted to resolve the matter amicably, writing a letter to the royal household and arranging a meeting. However, this meeting was postponed until February, a date that would be after the planned wedding, prompting her to approach the court.
In her letter, the Queen clarified her stance on polygamy: “I am prepared to continue this process so that the king can rule in accordance with custom. The throne and the king are symbols of our customs, and the decisions he makes have to be in accordance with and uphold tradition. I do not wish for my name to be associated with the desecration of our traditions, which is why I am writing to you for intervention.” She states that she never objected to the King taking additional wives but that their existing civil union did not accommodate the marriage to Queen Nomzamo. They had agreed to seek a court order to convert their marriage to a customary union to allow for polygamy, but this process was halted by the King.
Queen Ntokozo kaMayisela’s interdict application highlights the potential for irreparable harm to her and her family should the King proceed with the wedding: “The respondent (the king) wants to encumber the joint estate of the civil marriage, thus jeopardising my rights… I submit that this matter is inherently urgent and is of great importance to the survival of my lawful marriage, protection of joint estates, assets and maintaining my dignity.” She further argues that the court has the power to prevent the King from committing bigamy.
The application demands that the King's legal representatives file opposing papers by noon on 13 January. News24’s attempts to obtain comment from Prince Simphiwe Zulu, who announced the wedding plans, proved unsuccessful. Inkosi Phathisizwe Chiliza, the deputy prime minister of the AmaZulu nation, stated that he was unaware of the court papers and that the matter might be discussed at a future meeting of the royal household.
Meanwhile, Ross Richards, director at Cavanagh & Richards Attorneys, representing the King, stated that they had only learned of the interdict application through media reports and had not yet received official documentation. He indicated that they would respond appropriately once they had received and reviewed the application.
This legal challenge casts a shadow over the upcoming nuptials, raising questions about the legal complexities of royal marriages and the implications of bigamy under South African law. The court hearing scheduled for 20 January will determine the fate of the King’s planned marriage.
