Minister of Rural Development and Land Reform of South Africa Mzwanele Nyhontso. ©ParliamentofRSA
Land Reform Minister Mzwanele Nyhontso is expected to meet King Misuzulu ka Zwelithini on March 4 to discuss issues with the Ingonyama Trust Board (ITB).
Meanwhile, members of the Portfolio Committee on Land Reform and Rural Development will conduct an oversight visit in KwaZulu-Natal from February 24 to 28 and are also expected to meet the king.
Nyhontso provided background on the ITB issue, stating that a new board was appointed in May 2023. He was appointed as minister on June 30, 2024, and met with the king on July 15, 2024. During this meeting, the king presented a memorandum expressing his displeasure with the ITB's functioning and his role as chairperson.
Nyhontso noted that the king and amaKhosi of the Zulu Kingdom lack confidence in the board, citing hostilities and non-cooperation.
After the meeting, Nyhontso had to inform the board that the king did not have confidence in them. The king advised the ITB against renewing the CEO’s contract, but the board proceeded with the renewal, further straining relations.
Nyhontso explained that he met with the board to discuss its dissolution. “We gave them time to respond to the dissolution of the board. They requested mediation, believing the relationship could be salvaged.
“While waiting for a response from the king, we heard about the suspension of some board members,” he said, hoping that the upcoming meeting will resolve the ITB issues.
Recently, the committee received a legal opinion from the Parliamentary Legal Services regarding the Trust and its Board’s legal foundations, ownership, and the minister’s powers as the sole trustee.
This request aimed to clarify King Misuzulu’s dismissal of the entire ITB board.
In the absence of the board, the king appointed Van Rensburg Kruger Rakwena Attorneys to manage the Trust’s affairs.
Chief Parliamentary Legal Advisor Zuraya Adhikarie stated that the king acted beyond his powers in suspending a board member, as such authority lies with the minister.
Adhikarie noted that the committee is empowered by the Constitution and National Assembly rules to request the board chairperson to account for the board’s affairs.
On Friday, Nyhontso briefed the committee on his department’s implementation of a court order concerning the Council for the Advancement of the South African Constitution (CASAC) and the ITB matter from June 2021. The minister was cited as the third respondent.
Nine applicants sought a declaratory order against the ITB, claiming it acted unlawfully in cancelling Permission To Occupy (PTO) rights and concluding residential lease agreements without the genuine consent of rights holders.
This case is known as the CASAC Case. One order granted against the minister was for failing to respect and protect the existing property rights and security of tenure of residents on Trust-held land, as required by the Constitution.
Nyhontso stated that the department is developing a Communal Land Bill and Policy to provide security of tenure to communal land residents.
Another order allows the minister to implement an alternative system for recording customary and other informal land rights for communities residing on Trust-held land.
Due to fiscal constraints, the development process was put on hold to allow for restructuring and the creation of a Fit-for-Purpose structure.
Following the split of the department and the establishment of two new departments as per Proclamation 188 of 2024, the new department will engage in developing the structure as soon as it resumes its mandate in the next financial year.
zainul.dawood@inl.co.za