Governance issues and recent developments at Ingonyama Trust; with Minister
Meeting Summary
The Committee held an urgent meeting with the Minister of Land Reform and Rural Development to be briefed on the latest developments regarding the governance of the Ingonyama Trust Board following the recent media reports about the King of the Zulu Nation’s suspension of its members. During the discussion, the Minister indicated that when news of the suspension first came to his attention, he immediately wrote a letter to the King – who has yet to respond – requesting a meeting to discuss the reasons for his decision and whether an amicable solution could be reached. However, after hearing the various accusations the King and the Board made against each other, the Minister soon realised that relations between the two had broken down and could not be amended.
Members of the Committee believed that the matter had now developed into a crisis, and given the pivotal role the Board plays in managing the vast tracts of communal land of the Zulu Nation, urgent intervention was required to bring about a resolution. While Members acknowledged the King’s authority as the sole trustee of the Ingonyama Trust and the fact that he had lost faith in the Board, they stressed that his decision had to be done in accordance with the law. The Ingonyama Trust Act and the Public Finance Management Act state that only the Minister of Land Reform can appoint and remove the Board.
Given the number of allegations the King and the Board have levelled against each other, the Minister felt that an investigation may have to be instituted to find the source of the tension.
Following the discussion, the Committee Chairperson said he would write a letter to the King once he has emerged from emgonqweni (period of seclusion) in the coming days to request, first, an audience with him and two, to urge him not to take any further decisions on the matter until both he and the Committee have had an engagement. The Committee will deliberate on the Minister’s proposal to institute an investigation only after consulting all relevant stakeholders during its planned oversight visit to the Ingonyama Trust Board at the end of this month.
Meeting report
(Part of the meeting was not captured on the Livestream)
The Chairperson welcomed everyone to the meeting, which the Committee called to receive a briefing from the Minister of Land Reform and Rural Development regarding the recent reports on the suspension of Board Members of the Ingonyama Trust.
Mr M Nhanha (DA) expressed his concern regarding the developments concerning the King of the Zulu Nation and the Ingonyama Trust Board and urged the Committee to intervene urgently. He asked if the Committee could write to the King and courteously request that he delay taking any further action until after he meets with the Committee, possibly during its planned oversight visit to the Ingonyama Trust Board at the end of January.
Mr S Matiase (EFF) felt that the situation required calm minds going forward as it had now developed into a crisis. It was unfortunate that the King decided to dissolve the Board even though he did not have the powers to do so – these only resided with the Minister. Despite the King’s decision, he pleaded with the Minister to desist from further public comments on the matter.
He noted that the committee had not been briefed on all of the reasons why the King lost confidence in the Board, specifically the allegations made in a prior meeting that the former chairperson of the Board, Mr Jerome Ngwenya, was running a parallel administration.
He said the Committee could consider two options: either write directly to the King expressing its concerns and requesting a meeting or request that the Minister ask the President to personally intervene in the matter.
The Chairperson invited the Minister to respond to the concerns raised by Members.
Minister Mzwanele Nyhontso (Minister of Land Reform and Rural Development) agreed that the situation had reached a crisis point. One of the biggest challenges has been that all the accusations made by the King and the Ingonyama Trust Board have only been made verbally and not written down. When he first learned of the matter and engaged with the Board, he immediately recognised that relations between the two (the King and the Board) had broken down and could not be amended. Given this state of affairs, the Ministry has written a letter to the King asking for an audience to resolve the matter once and for all.
Initially, the Ministry was tempted not to respond to the matter in public. However, it recognised that the public would soon question why no response was forthcoming from the department. To not aggravate the situation any further, the Ministry has stopped taking media interviews.
He suggested that an investigation be instituted into the accusations wherein different stakeholders could be consulted, including Zulu cultural leaders from KwaZulu-Natal. The investigators would be given between three to five months to conclude the investigation so that sufficient reasons could be found to justify dissolving the board.
According to the current legislation, the minister's duty was to follow all the legal protocols before making a decision. No one, he stressed, was above the law.
Ms N Mdalane (ANC) supported the Minister’s proposal to institute an investigation into the allegations.
The Chairperson noted the Minister’s proposal but said the Committee would first need to consider all available options.
Mr Nhanha asked the Chairperson what he thought about the proposal for the Committee to write directly to the King, asking him not to take any further action until after he meets with Members during their oversight visit. While he agreed with the Minister’s proposal to institute an investigation into the matter in principle, he thought it would be better for the Committee to express its opinion only after meeting the King.
Mr B Madikizela (DA) agreed that the Committee should wait until after its planned oversight visit to the Ingonyama Trust Board at the end of January before taking any decisions.
Ms S Lucas (ANC) also agreed that the Committee should first meet with all relevant stakeholders during its planned oversight visit before making further decisions. Moreover, she suggested that the Committee consider seeking legal advice on the matter.
Ms R Adams (ANC) asked if the Minister had given the King a timeframe for responding to his letter. Her main concern was that the Committee may support the Minister’s proposal to institute an investigation without first receiving the King’s response.
Mr L Mahlatsi (UAT) believed that the Committee’s first step should be to write a letter to the King seeking an audience with him during its oversight visit. He added that it was the Committee’s responsibility to ensure that the matter was resolved amicably.
Mr M Mrara (ANC) asked that the Committee, through its letter, request that reports be tabled from all stakeholders involved in the matter.
The Chairperson acknowledged that the issues between the King and the Ingonyama Trust Board had reached a crisis point and required urgent interventions to prevent the situation from getting out of hand.
He continued that the committee would write a letter to the King tomorrow once he emerged from emgonqweni (a period of seclusion). While the Committee had to tread carefully on the matter so as not to lose the king's confidence, it had to continue to stress that no one was above the law.
He thanked the Minister for his presentation to the Committee and hoped that there would be no further public engagements on the matter after this.
Minister Nyhontso thanked the Committee for the engagement and clarified that no timeframes were mentioned in his letter to the King. He believed both the Committee and the Ministry sought a peaceful resolution to the situation and for an Ingonyama Trust Board to be in place that works for the people of KwaZulu-Natal and also respects the authority of the King of the Zulu Nation.
The Chairperson felt that the lawyers representing the King in this matter had played a huge role in creating the current crisis. Given the seriousness of the situation, he said the Committee would hold another meeting prior to its planned oversight visit to discuss the matters in more detail. After saying those words, he closed the meeting.
The meeting was adjourned.
Audio
No related
Present
-
Mncwango, Mr MA Chairperson
IFP -
Adams, Ms R C
ANC -
Lucas, Ms SE
ANC -
Madikizela, Mr BS
DA -
Mahlatsi, Mr LW
UAT -
Matiase, Mr NS
EFF -
Mrara, Mr M
ANC -
Ndalane, Ms NA
ANC -
Nhanha, Mr M
DA -
Nyhontso, Mr M
PAC
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