Durban - One of the factions vying for power in the AmaMpondo Kingdom in the Eastern Cape has lashed at Judge Mandela Makaula, saying his now- questionable judgment in the court matter involving the late King Zanozuko Sigcau has left their monarch in disarray.
In a statement issued late on Monday after Judge Makaula was grilled during a publicised interview by the Judicial Services Commission (JSC) over his ruling, the members of the royal family, led by the acting regent, Queen Nobandla and in support of Prince Yolisa Sigcau, said Makaula should have recused himself when the matter came before him.
UPDATE: Members of the Sigcau royal family in support of Prince Yolisa as the next AmaMpondo King say they have noted with concern that Judge Mandela Makaula made some mistakes in King Zanozuko's Sigcau matter. They say the mistakes have left their monarch in disarray. @IOL
— Sihle Mavuso (@ZANewsFlash) October 4, 2022
The matter that got Makaula grilled is the one where his ruling was later overturned by the Supreme Court of Appeal (SCA), and the recognition of the late King Zanozuko as the leader of AmaMpondo was set aside.
The matter was taken to the SCA by Princess Wezizwe Sigcau and Queen MaSobhuza, who contended that King Zanozuko’s recognition was flawed - the SCA concurred with them and set it aside, starting a fresh battle for the throne.
However, the faction led by Queen Nobandla has already indicated that they would take the matter to the Constitutional Court and have the apex court as the final arbiter on the dispute that has seen the emergence of three factions vying for the vacant throne.
During Makaula’s JSC interview on Monday, Deputy Chief Justice Mandisa Maya noted that other judges complained that he could not get the facts right and he did not incorporate inputs from others in the final judgment.
Makaula then blamed his secretary for the flawed judgment, saying he was not computer literate. Hence, he was not writing his own judgments.
Dr Ntsizakalo Ngalo, on behalf of the office of Queen Nobandla, said the scathing comments against Makaula have taken them aback.
“We are on record, previously, indicating that the judgment suffered from a number of material and substantial defects.
“Yesterday, Deputy Chief Justice Maya found it necessary to place it on record, that one of Judge Makaula’s colleagues complained that he (Makaula) got the facts wrong in the Sigcau case and she (Maya) made substantial suggestions with regard to the draft judgment.
“However, whatever changes may have been made to the draft, they do not seem to have salvaged the judgment from its material defects, which have had the tendency to throw the AmaMpondo AseQaukeni into disarray and confusion,” Ngalo said.
Ngalo added that Makaula had some personal history with the late King and the Kingdom. He did not specify the personal issues he was referring to.
“We are still of the view that Judge Makaula should have recused himself in the matter, because he is fully aware of his personal relationship he has had with the AmaMpondo AseQaukeni Royal Family and his personal engagements with the late King Zanozuko Sigcau.
“We do not find it necessary at this stage to reveal such in detail, but we are sure that he is fully aware. Should it prove necessary, we shall do so at an appropriate forum.”
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